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1. The Plaintiff:
A. Defendant B removes the buildings indicated in the attached list, and delivers the D 700 square meters of land in Won-si.
Reasons
1. Facts of recognition;
A. On April 12, 2010, Defendant B newly constructed a building indicated in the attached list (hereinafter “instant building”) on the ground of 700 square meters (hereinafter “instant land”) in Suwon-si, Seoul Special Metropolitan City, the Plaintiff owned on April 12, 201, and completed the preservation registration of the instant building on April 17, 2012, and Defendant C currently occupies the instant building.
B. Meanwhile, on May 21, 2009, Defendant B remitted KRW 3 million to the Plaintiff as the rent.
(Ground for recognition: Facts without dispute, entry of Gap evidence 1 through 4, and evidence 6, and the purport of the whole pleadings.
2. Determination:
A. The gist of the Plaintiff’s assertion is that the Plaintiff leased the instant land to Defendant B in KRW 3 million per annum, and the lease contract is terminated due to the Plaintiff’s failure to pay rent for more than two years. As such, Defendant B is obligated to remove the instant building, deliver the instant land, and pay unjust enrichment equivalent to delayed rent and rent, and Defendant C is obligated to leave the said building.
B. The summary of the Defendants’ assertion is that Defendant B newly constructed the instant building and used the said land in lieu of changing the form and quality at his own expense on the instant land in 2009, and the Plaintiff anticipated that enormous profits from the said change in the form and quality would occur due to the said change in the form and quality, and the Plaintiff received rent of KRW 3 million a year, and there is no rent agreement between the Plaintiff and Defendant B.
C. The following facts are revealed in light of the following facts, i.e., determination as to the existence of an agreement on rent of KRW 3 million per annum between the parties, or there is no dispute between the parties, and comprehensively considering Gap evidence 6, 9 through 11, 13, and Eul evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply) as well as the overall purport of witness F and G’s testimony and arguments: