토지인도등
1. We dismiss the part of the motion for removal and delivery among the instant lawsuits.
2. The plaintiff's remaining claims are dismissed.
3...
1. Facts of recognition;
A. The land of this case is owned by Nonparty D, and the neighboring Egi 576.8 square meters (hereinafter “instant adjacent land”) purchased on May 11, 2003, the Defendant sold the land to Nonparty F on June 16, 2016, while selling it to Nonparty F on the same year.
7. 19. The transfer registration was completed until the date of ownership transfer registration.
B. On September 15, 2009, the Plaintiff’s wife-Nam determined that D and the lease period were from October 15, 2009 to October 14, 2014, and concluded a lease agreement with respect to the instant land, and as a special agreement, the lessee shall pay all construction costs to the lessor, and the registration shall be made in the name of the lessor. Upon the expiration of the five-year lease period, the lessee shall remove all facilities except the building and restore the lease to its original state.
C. Moreover, on October 27, 2009, G determined the term of lease with the Defendant from November 15, 2009 to November 14, 201, upon entering into a lease agreement with respect to the instant neighboring land, and upon entering into a special agreement, if the sale is made during the term of lease, it shall be delivered upon consultation. Ground buildings shall be in the name of the lessor, and all expenses shall be borne by the lessee.
G, on November 17, 2009, after obtaining the consent of the Defendant, who was unable to directly operate the instant land and the instant adjacent land due to the difficulty of directly operating the said facilities due to an accident during the business preparation, G transferred the instant adjacent land in KRW 10 million to H by subleting the instant adjacent land to Nonparty H under the same conditions as the lease agreement.
E. H operated the Sejong Deputy Commissioner from the land adjacent to the instant case to November 14, 2013, and used wastewater discharge facilities installed under the ground of the instant land acquired by the Plaintiff from G.
F. Meanwhile, the Plaintiff entered into a lease agreement with D on December 29, 2010 on the instant land, and entered into a renewal agreement with D on October 15, 2014 during the term of lease from October 14, 2014 to October 14, 2017.