logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원홍성지원 2019.11.13 2019가단104
건물철거 및 토지인도 등
Text

1. The Defendants each indicated in the attached Form No. 5 through 15, and 5, among the 506m2 and 145m2 in Chungcheongnam-gun budget E, Chungcheongnam-gun, and F.

Reasons

1. On November 30, 2012, the Plaintiff indicated the claim on November 30, 2012, leased to Defendant C a deposit of KRW 10 million, monthly rent of KRW 300,000,000,000,000,000,000,000,000 per annum 50,000,000,000,000,000,000,000,000,000,000,000.

On April 2018, the Plaintiff notified Defendant C of the termination of the contract on the ground of the delinquency in rent, and the said contract was terminated.

Meanwhile, without the Plaintiff’s consent, Defendant C occupied and used each of the above land.

Defendant D installed the said plastic greenhouse.

Therefore, the Defendants have a duty to remove the said plastic house and deliver 145 square meters and 220 square meters in G, which are the Flue-gun, Chungcheongnam-nam Budget-gun.

In addition, the Defendants are obligated to pay to the Plaintiff the money calculated by the ratio of KRW 300,000 per month from September 30, 2015 to the completion date of the delivery of the said land.

2. Defendant C: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

A. The lease agreement includes “H, site, electricity, and approximately 250 square meters” as the leased land. In light of the fact that the size of F land at the time was 145 square meters, the size of F land was 145 square meters, the E large-scale 506 square meters and the G total 220 square meters adjacent to the above land was owned by the Plaintiff, and if the area of each of the above land is combined with the area of each of the above 871 square meters, it is reasonable to deem the leased land to be the above F, E, and G land.

B. On March 11, 2019, the Plaintiff completed the registration of ownership transfer with respect to B, his/her husband and wife, 506 square meters in Chungcheongnam-nam Budget E-gun.

However, in case of seeking restitution due to termination of the lease contract, the lessor is not required to have ownership of the leased object, so there is no obstacle to accepting the plaintiff's claim.

3. Defendant D: Judgment to recommend confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act).

A. On April 30, 2018, a partial termination of a lease agreement was terminated upon arrival of the Defendant’s intention of termination.

Defendant D’s land for lease before the termination of the lease agreement.

arrow