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(영문) 대구지방법원 경주지원 2018.12.04 2018가단13342
건물등철거
Text

1. The defendant removes the building indicated in the attached list 2 to the plaintiff, and delivers the land indicated in the attached list 1 to the plaintiff.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by comprehensively taking account of the respective entries in Gap evidence 1 to 8 and the whole purport of pleadings:

Attached Form

List 1 Land (hereinafter “instant land”) was owned by C, and the Plaintiff completed the registration of ownership transfer on August 24, 199 on the ground of inheritance by consultation and division on June 29, 199.

B. On the instant land, the building listed in attached Table 2 (hereinafter “instant building”) was newly constructed on February 22, 2002, and the registration of ownership preservation D was completed. The above building was sold at a voluntary auction, and the Defendant completed the registration of ownership transfer on November 15, 2005.

C. On January 20, 2006, the Plaintiff leased the instant land to the Defendant by setting the lease deposit amount of KRW 5,000,000, monthly rent of KRW 600,000, and the lease term from December 1, 2005 to December 31, 2010.

After that, on January 1, 2011, the Plaintiff and the Defendant concluded a lease contract again with the lease term of KRW 300,000 per month without a lease deposit and the lease term of the instant land from January 1, 201 to December 31, 201.

(hereinafter “instant lease agreement,” and the first lease deposit was deducted from the Defendant’s overdue rent that occurred until December 31, 2010.

While the instant lease contract was implicitly renewed, the Defendant delayed 4,500,000 won from around 2016 to July 31, 2018.

F. On July 30, 2018, the Plaintiff expressed to the Defendant the intent to terminate the instant lease agreement on the grounds of the delinquency in rent, and the said declaration of intent reached the Defendant around that time.

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated on or around July 30, 2018, and thus, the Defendant removed the instant building to the Plaintiff, delivered the instant land, and served a copy of the complaint on July 31, 2018.

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