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(영문) 창원지방법원 진주지원 2018.11.28 2018가단33370
건물등철거
Text

1. The defendant,

A. Removal of the buildings listed in the attached Table 2 list to the plaintiffs;

B. Plaintiff A Co., Ltd.

Reasons

1. The facts of recognition are written in the evidence No. 1 to No. 5, the results of the on-site verification by this Court, the results of appraiser G’s fee appraisal, and the purport of the entire pleadings as a result of appraiser H’s survey and appraisal.

The Plaintiffs acquired the ownership of each of the lands listed in the separate sheet No. 1, before the Defendant acquired the building listed in the separate sheet of the attached building No. 2 (hereinafter “instant building”).

B. On October 27, 2011, Plaintiff B and Plaintiff C leased each of the lands listed in the separate sheet No. 1 to I as follows:

Article 1 (Purpose of Lease of Real Estate): The purpose of this Agreement is to construct multi-family housing (A.P.T) by leasing the above-owned real estate owned by the “B” to build a temporary building (a.P.T).

Article 4 (Term of Lease): The period of this lease shall be 21 months from the date of conclusion of the contract ( October 24, 201).

Article 6 (Restoration of Original State): The "B" shall be restored to the original state before the commencement of the lease by removing the model parcels on the ground subject to the contract within 30 days from the termination of the lease contract.

C. Since then, I constructed the instant building and used it as a model housing, but did not pay rent under the said lease agreement. On August 31, 2015, on the instant building, the registration of ownership preservation was completed in the name of I on August 7, 2015, upon application of subrogation of the Republic of Korea with respect to the “registration of ownership due to default on national tax” as the cause of subrogation, and thereafter, the public auction procedure following a disposition on default was completed on November 9, 2017.

The amount equivalent to the rent for each land listed in the attached Table 1 list shall be as specified in the following table, and the amount equivalent to the rent corresponding to the ratio of the land owned by each plaintiff shall be as specified in the attached Table 3.

The appraised value of the rent shall be 50,753,110 won from November 9, 2017 to July 20, 2018.

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