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(영문) 대구지방법원의성지원 2016.07.13 2015가단1392

토지인도 등

Text

1. The Defendants shall deliver to the Plaintiff the real estate listed in the separate sheet No. 1, and the real estate listed in the separate sheet No. 2.

Reasons

1. Facts of recognition;

A. Defendant C is the Plaintiff’s birth, and the Defendants are married couple’s death.

B. On April 3, 2008, the Plaintiff purchased real estate listed in attached Form 1 (hereinafter “instant land”) from D from April 3, 2008 at KRW 25 million, and completed the registration of ownership transfer on the said land on April 11, 2008, and then granted the Defendants a permit to use the said land.

C. The Defendants: (a) received the delivery of the instant land from the Plaintiff on May 23, 2008; (b) filed a building report with the Plaintiff on May 23, 2008 in the name of the Plaintiff; and (c) newly constructed real estate listed in attached Table 2 (hereinafter “instant ground property”) on the ground; and (d) occupied and used the instant land until now.

The Defendants did not agree with the Plaintiff to pay the price when occupying and using the instant land, or paid the rent regularly to the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 5, 6 (including each number in the case of virtual number; hereinafter the same shall apply), Eul evidence 1 and 3, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff terminated a loan agreement for use of the instant land for the following reasons, and sought the removal of the instant ground objects and delivery of the instant land against the Defendants.

① The Plaintiff and the Defendants agreed at any time that the Plaintiff may claim the return of the instant land.

② Although the Defendants agreed not to construct the ground water on the instant land between the Plaintiff and the Plaintiff, they violated this provision.

(Article 610(1) and (3) of the Civil Act. (3) The Defendants used the instant land sufficiently for not less than seven years.

(Article 613(2) proviso of the Civil Act).3. Determination

A. ① As to the Plaintiff’s assertion in the Plaintiff’s claim, the Plaintiff and the Defendants comprehensively considered the following circumstances as to whether there was an agreement between the Plaintiff and the Defendants as set forth in the foregoing paragraphs (1) or (2) and the evidence set forth in subparagraph (2) and the purport of the entire pleadings.