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(영문) 청주지방법원 2018.03.21 2017나12104
토지인도
Text

1. All appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim filed in the trial are dismissed.

2. Costs of appeal; and

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The instant land, including the instant land, was owned solely by the designated parties C with respect to the share of 4/5 of the said real estate, and the ownership transfer registration under the Plaintiff’s name was completed on April 11, 2014.

B. On November 1, 2001, with respect to the building listed in the attached Table 3 (hereinafter “former building”), the registration of transfer of ownership in F on November 1, 2001, the registration of transfer of ownership in G on December 1, 2008, and the registration of transfer of ownership in the Defendant’s name on May 28, 201.

C. Around June 2013, the Defendant concluded a lease agreement with the Appointor C on the condition that the Defendant leased the instant land without setting the lease term (hereinafter “instant lease agreement”). Accordingly, the Defendant paid the Appointor C KRW 600,000 on June 27, 2013 and KRW 700,000 on February 11, 2014, respectively.

After the conclusion of the instant lease agreement, the Defendant extended and constructed a building on the instant land, and currently owns each of the instant buildings.

E. On March 17, 2014, the Defendant drafted a letter stating “I,” “I, i.e., I am on my own building site, and I am solemnly, at any time, remove at any time when I want to do so (hereinafter “each letter of this case”).”

F. On June 5, 2014, the Plaintiff and the Selection C have permitted the construction, extension, repair, and registration of the building on the land above D.

Therefore, I have the honor to install and use the provisional building and other facilities on the land of my own without his own permission.

In addition, I written notes on March 17, 2014 that the principal would remove all the household buildings at his request.

From June 5, 2014, I notify the termination of land lease.

In addition, until August 5, 2014, provisional buildings on the above land are located.

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