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(영문) 의정부지방법원 고양지원 2018.06.27 2017가단89731
건물명도 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. It is indicated in the attached Form 1, 2.2.

Reasons

1. Determination on the main claim

A. According to the overall purport of Gap evidence Nos. 1, 2, 3, and 1-1, 2-2, and Gap evidence Nos. 5-1 through 16, the following facts can be acknowledged and there is no reflective evidence.

1) The Plaintiff is deemed to be the Plaintiff’s 1,309 square meters in Gyeyang-gu, Gyeyang-gu (hereinafter “1 land”).

2) As well as D 2,939 square meters (hereinafter referred to as “second-class land”)

(2) On May 10, 2007, the Plaintiff leased to the Defendant, on a deposit basis, KRW 5 million, monthly rent of KRW 500,000,000, monthly rent of KRW 500,000, monthly rent of KRW 500,000 to KRW 36 months from July 15, 2007.

3) By July 15, 2007, the Defendant paid the Plaintiff the entire deposit for lease, and occupied the said plastic house around that time, and the said lease was renewed. 4) On September 30, 2012, when the Plaintiff and the Defendant concluded a lease lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, the object was changed into “residential ices, summers and land 1”; and the period was 300,000 won by September 30, 2017.

5) On September 20, 2017, the Plaintiff verbally delivered to the Defendant that the Plaintiff had no intention to lease prior to the expiration of the lease term, and notified the termination of the lease term and the return of the object. 6) The location and area of the vinyl which the Defendant currently occupied and used is 110 square meters of the portion on the ship (a) connected with each of the items in the attached Form No. 1, 2, 3, 4, and 1, and 100 square meters of the land and No. 2, all of which are planted by the Defendant.

The defendant pays the plaintiff the rent on the 30th day of each month.

B. According to the above facts, the instant lease agreement was terminated on the grounds of the expiration of the period on September 30, 2017, and the Defendant occupied this part of the land by planting trees on the land 100 square meters among the land 2. As such, the Defendant is out of the land 1.

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