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(영문) 의정부지방법원 2020.01.23 2019가단104
토지인도 및 건물철거 등
Text

1. The plaintiff

A. Defendant C: (a) each point of the attached Form 2, 28, 29, 30, 31, and 28, among the land size of 2621 square meters in two weeks prior to E in one two weeks.

Reasons

1. Facts of recognition;

A. F is not a 2621m2 prior to E in Yangju-si (hereinafter “instant land”) and an order of the above ground No. 1.A.

2) A wooden (part of steel pipe) string roof 262.41m2 (hereinafter “instant livestock shed building”) which is an unauthorized building as indicated in the port of paragraph (1), is a stable of 262.41m2 (hereinafter “instant livestock shed”).

A) Around July 3, 1998, the Plaintiff, a son, donated the instant real estate to the Plaintiff. As to the instant land, the registration of ownership transfer was completed on July 4, 1998. Meanwhile, around August 1997, F entered into the instant lease agreement with Defendant C, setting the rent of KRW 20,000 on a monthly rent, without having agreed upon the time limit, for the instant housing site as KRW 768 square meters (hereinafter “instant leased land”) and the instant housing site as indicated in Section 1(a)(2) of the Disposition No. 1, 1997.

Defendant C received delivery of the leased land and stables of this case, and ordered 1. A of the land of this case.

1) A vinyl 43.87 square meters in a vinyl, a residential container 24.72 square meters, a container (for freezing vehicles), 10.2 square meters in a steel container, 2.56 square meters in a street facility, 6.47 square meters in a non-forest facility, and 3.51 square meters in a steel structure (hereinafter “instant facility, etc.”) were installed. The instant livestock shed building and the instant facility, etc. are occupied by Defendant D, together with up to now.

C. Defendant C paid the Plaintiff KRW 9,600,000 in total from August 16, 2001 to November 2, 2007 under the name of Defendant C or Defendant D as the death of F. D.

On April 10, 2018, the Plaintiff sent to Defendant C a notice of termination of the instant lease agreement on the grounds of the delinquency in rent, and sent it by content-certified mail. The said Defendant received the notice around that time.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 7 evidence, Eul's 5 evidence, and the purport of whole pleading

2. According to the above facts of determination as to the cause of the claim, since the lease contract of this case was terminated in accordance with the plaintiff's notice of termination, the defendant C is against the stable building of this case to be restored to its original state.

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