logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원의성지원 2019.09.18 2018가단1232
건물철거 등
Text

1. The defendant shall be the plaintiff.

(a) remove the buildings listed in Attachment 1;

(b) Appendix 2.

Reasons

1. Facts of recognition;

A. On December 19, 2001, the deceased C, who was the spouse of the Plaintiff and the owner of the land indicated in Paragraph 2 of the Attached List No. 2, determined and leased the land indicated in Paragraph 2 of the Attached List No. 2 to the Defendant as “five years” and “700,000 won per annum.”

B. Around March 15, 2002, the Defendant newly constructed a building listed in attached Table No. 1 on the ground specified in attached Table No. 2, and completed registration of preservation of ownership on April 19, 2002.

C. On December 19, 2006, the Plaintiff leased the land specified in paragraph (2) of the attached Table No. 2 to the Defendant as “from December 19, 201,” “1,000,000 won” during the lease period (hereinafter “instant lease contract”), and the said lease contract was renewed thereafter.

Since 2013, the Defendant did not pay the Plaintiff rent.

E. On October 18, 2018, the Plaintiff completed the registration of ownership transfer on November 26, 201 with respect to the land indicated in Paragraph (2) of the Attached List No. 2, which was based on inheritance by consultation and division.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the defendant did not pay more than two vehicles. Thus, the contract of this case is terminated as a delivery of a duplicate of the complaint of this case.

Therefore, the defendant shall remove the building indicated in the attached list No. 1 to the plaintiff, deliver the land indicated in the attached list No. 2 to the plaintiff, and shall pay unjust enrichment from the day following the delivery date of the copy of the complaint in this case to the third party in arrears.

B. According to the above findings of determination, the instant lease agreement ought to be deemed terminated on November 19, 2018, which served on the Defendant a copy of the complaint of this case containing the Plaintiff’s declaration of termination on the grounds of delinquency in the payment of two or more rents.

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

arrow