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(영문) 서울중앙지방법원 2019.01.15 2017가단5155997
건물등철거
Text

1. Defendant B, Defendant (Appointed Party) C, and Selected Party D are indicated by the annexed drawing No. 1, 1, and 1, among the above-ground buildings in the city ofHanam-si.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the land in Gyeonggi-do, E, 963 square meters (hereinafter “instant land”).

Defendant B, the Defendant (Appointed Party; hereinafter “Defendant”) and the Selection Party D shared 1/3 shares of 49.88 square meters in each of the instant land’s cement block structure, cement roof 49.88 square meters in each of the instant land, and the said building is 61 square meters in each of the items indicated in the annexed drawings on the land survey appraisal.

(hereinafter “instant building”). (b)

The Plaintiff leased part of the instant land, including the instant building site, (281 square meters), to the designated parties D, and renewed each year each year on December 31, 2015, which was the last lease term, sent a notice of termination of the lease contract to D around May 11, 2016, and the said notice was reached on May 16, 2016.

[Ground of Recognition] A without dispute, entry of Gap evidence 1 through 7, the result of the survey and appraisal of the branch offices of the Korea Land Information Corporation in the Republic of Korea, the purport of the whole pleadings

2. Article 639(1) of the Civil Act provides, “If a lessee fails to raise any objection within a reasonable period when the lessee continues to use the leased object or to take profits after the expiration of the lease period, the lessor shall be deemed to have leased the object under the same conditions as the former lease. However, the parties may notify the termination pursuant to the provisions of Article 635.” Article 635(1) of the Civil Act provides, “If there is no agreement on the lease period, the parties may notify at any time the other party of the termination of the contract,” and Article 635(2) of the Civil Act provides, “The termination becomes effective upon the lapse of the period falling under any of the following subparagraphs from the date when the other party is notified under the preceding paragraph: 1: 6 months if the lessor has notified the termination, and one month

According to the above facts of recognition, the land on the building of this case is land.

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