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(영문) 서울동부지방법원 2018.10.05 2018가단100169
건물등철거
Text

1. The defendant shall be the plaintiff.

(a) deliver the land listed in the annex 1 list;

B. The above

A. Attached 2. to the land indicated above;

Reasons

1. Basic facts

A. On February 28, 2013, the Plaintiff is the owner who completed the registration of ownership transfer based on the sale of land listed in the separate sheet No. 1 (hereinafter “instant land”) due to voluntary auction.

B. On June 20, 2013, the Plaintiff’s lease period for the instant land between the Defendant and the Defendant from June 1, 2013 to May 30, 2018; the annual rent of KRW 6,00,000,000, annual rent of KRW 8,000,000, and annual rent of KRW 10,000,000 after 2015.

7. 15. 15. Determination of the lease contract was made to the Defendant (hereinafter “instant lease contract”).

(C) The Defendant is entitled to each of the above ground objects listed in Section 1.B. of the annexed drawing No. 1-B of the annexed drawing No. 2 on the land of this case (hereinafter “each of the above ground objects”).

A) During the Plaintiff’s possession and use of the instant land, the Plaintiff did not pay a total of KRW 20,000 for the year 2016 and year 20,000 for the annual rent under the instant lease agreement. As to this, the Plaintiff agreed to pay KRW 20,000 for the unpaid annual rent by September 30, 2017 between the Plaintiff and the Plaintiff on August 7, 2017. However, as the Defendant did not pay the unpaid annual rent, the Plaintiff declared that the instant lease will be terminated by the delivery of a copy of the instant complaint on the ground that the Defendant did not pay the unpaid annual rent for at least two years. [In the absence of dispute as to the grounds for recognition, the Plaintiff declared that the instant lease will be terminated by delivering a copy of the instant complaint on the ground that the Plaintiff did not pay the unpaid annual rent for at least two years.”

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the instant lease agreement was lawfully terminated and terminated as a copy of the instant complaint was delivered to the Defendant on April 17, 2018, stating the Plaintiff’s declaration of termination on the ground of rent delay at least two years, barring any special circumstance.

Therefore, the defendant removed each of the lands of this case on the land of this case to the plaintiff who is the land owner and the lessor, and delivered the land of this case, and delivered the land of this case in arrears.

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