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(영문) 의정부지방법원고양지원 2014.11.12 2013가단35705
건물등철거 등
Text

1. The Defendant (Appointed Party) and the Appointor are not less than 178m2, Goyang-gu, Yangyang-gu, Yangyang-gu, the Plaintiff

(a) Appendix 1, 1.

Reasons

1. Facts of recognition;

A. D was the former owner of Gyeyang-gu Seoul Metropolitan Government 752 square meters (hereinafter “Before subdivision”). Before subdivision, the land before subdivision was divided into three: (a) C large-scale 178 square meters (hereinafter “instant land”); (b) E large-scale 141 square meters; (c) F large-scale 202 square meters; and (d) G large-scale 130 square meters, respectively; and (b) the Plaintiff purchased the instant land from D on March 31, 2013 and acquired the ownership of the instant land on April 23, 2013.

On the other hand, when both the Defendant (appointed party, hereinafter “Defendant”) and the appointed party (when both the Defendant and the appointed party are indicated, hereinafter “Defendant, etc.”) share 1/2 of the housing (hereinafter “the instant building”) and the housing (hereinafter “the instant building”) adjacent to the instant land, Seoyang-gu, Seoyang-gu, Yangyang-gu, Seoul and 162 square meters, adjacent to the instant land.

B. On May 25, 2009, D concluded a lease agreement (hereinafter “the instant lease agreement”) with the Defendant, etc. on the part of the land that was divided into the part of the land before subdivision and used as the passage road of the instant building, etc. for the passage road of the instant building, and with the knowledge of the fact that the Defendant, etc. installed a fence due to chain pipe, ceiling, etc., among the land before subdivision, on May 25, 2009, with regard to approximately 13 square meters in the part indicated in the order and part of the land before subdivision and about 103 square meters in the land before subdivision, Seoyang-gu, Gyeyang-gu I road after subdivision as follows. Around May 25, 2010, the instant lease agreement was renewed to the end of May 25, 2011, and additionally agreed that “the maintenance and use at the present condition.”

Article 2 Term of Lease shall be one year from May 25, 2009 to May 25, 2010.

Article 3 The rent shall be 250,000 won and shall be paid by attending the rent to the domicile of the lessor until the contract date.

C. On April 2013, the Defendant: (a) d or the Plaintiff’s consent, left a wall installed in the existing area without the consent; (b) 1, 8, 9, 10, 11, 12, 13, 14, 15, 7, and 10, each of the following: (c) concrete packaging on the part of “three-dimensional” on the ship, which connects each point of which is 24 square meters in sequence 1, 8, 9, 10, 12, 11, and 10.

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