건물인도
1. The defendant shall bear the expenses of the lawsuit on the 2.th of the building stated in the attached list No. 2 to the plaintiff.
1. Basic facts
A. The Plaintiff is a business operator of the D development project, which is implemented in the area of 500,747 square meters per day in ASEAN-si, Asan-si (hereinafter “instant project”).
B. As of the closing date of the instant pleading, the Defendant occupies the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) within the instant project zone and the building listed in paragraph (2) of the attached Table No. 2 located on the ground of Busan E and 2 (hereinafter “the instant building”).
(c)
On November 19, 2018, the Land Expropriation Committee of Chungcheongnam-do rendered a ruling to expropriate the instant land as KRW 163,857,750 on January 3, 2019, and the compensation for the loss of the instant building as KRW 39,440,00. On December 27, 2018, the Plaintiff deposited KRW 203,297,750 (=163,857,750,750, 39,440,000) on the ground that the Defendant was a person who was a truster of the Daejeon District Court Branch of Daejeon District on December 27, 2018.
(d)
On January 3, 2019, the Plaintiff transferred ownership to another person on the ground of expropriation with respect to the instant land and building. On the same day, the Plaintiff completed the registration of transfer of ownership on November 10, 2017 to F Co., Ltd. on the instant land.
E. On December 21, 2020, the Plaintiff filed an application with the Defendant for adjudication on expropriation of trees and pipes owned by the Defendant on the ground of Asan City (hereinafter “instant obstacles”) and filed an application for adjudication on expropriation of the instant obstacles with the District Land Expropriation Committee in Chungcheongnam-do, Chungcheongnam-do, by setting the starting date of expropriation as KRW 163,428,50 on February 3, 2021, and the compensation for losses as KRW 163,428,50 on January 12, 2021, and the Plaintiff deposited KRW 163,428,50 on January 12, 2021 with the Daejeon District Court Branch of the Daejeon District Court as KRW 12,121.
E. On November 10, 2017, between the Plaintiff (the foregoing trustor) and F Co., Ltd. (trustee), the real estate collateral trust agreement between the Plaintiff and the F Co., Ltd. (Article 9 (Preservation, Management, etc. of Trust Real Estate) (1) The truster actually continues to occupy and use the trust real estate and the actual preservation of the trust real estate.