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(영문) 수원지방법원 2017.01.12 2016가단520702
건물퇴거 등
Text

1. The Defendants indicated in the attached Form No. 1, 2, 3, and 1,13 square meters among D large 840 square meters and E large 1,042 square meters and F large 1,13 square meters to the Plaintiff in Sungsung-si.

Reasons

1. Basic facts

A. On March 19, 2009, the Plaintiff entered into a lease agreement on the said real estate and the said land with the D major 840 square meters (hereinafter referred to as the “instant D”) and E major 1,042 square meters (hereinafter referred to as the “instant E”) and the owner of the building 416 square meters on the land. The Plaintiff entered into a lease agreement with the C&B Development Co., Ltd. (hereinafter referred to as the “Nonindicted Company”) on the said real estate and the said land.

B. Since December 16, 2014, the non-party company operated personal business at the 418.07 square meters (hereinafter referred to as “the instant extension building”) of the office located on the second floor of the building with 425.62 square meters above the surface of the instant land, the instant land and the Plaintiff’s husband’s G, and the F-1,133 square meters (hereinafter referred to as “the instant F-land”) on the ground that the Plaintiff owned superficies, extended the existing 1st,133 square meters (hereinafter referred to as “the instant F-land”) without permission, and operated a mutual bath of “H” and “I” of each building without permission from the competent administrative agency.

(2) At the following time, each of the above unauthorized buildings is referred to as "each of the unlawful buildings in this case"

On July 24, 2012, the Plaintiff and the Nonparty Company entered into an agreement with the Nonparty Company on the following terms: “In the event that the Plaintiff obtained approval for use of the new building by removing each of the instant illegal buildings and constructing a new building, the Plaintiff and the Nonparty Company entered into a real estate lease agreement that extends the term of the contract from June 20, 2014 to June 19, 2019 for five years, but if the approval for use of the new building is delayed for more than six months from July 24, 2012 due to a cause attributable to the Nonparty Company, the agreement that the effect of the agreement shall be lost if the approval for use of the new building is delayed for more than six months from July 24, 2012 (hereinafter referred to as “instant cultivation agreement”).

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