건물등철거
1. Of the parts concerning the principal lawsuit against the judgment of the court of first instance, the following amounts shall be exceeded:
1. Basic facts
A. The Plaintiff was the owner of Youngwon-gu D 852 square meters of land for a factory (hereinafter “instant one”). The Defendants were co-owners of E-site land 1,779 square meters adjacent to the instant one (hereinafter “instant two land”) and F large 444 square meters (hereinafter “instant three land”), each of which Defendant A owned 4/5 shares, and Defendant B owned 1/5 shares, respectively. The Plaintiff owned the instant 4th and 1/5 shares on the instant one’s land. The Plaintiff owned a building of the instant one-story factory (hereinafter “instant building”).
B. In the process of promoting new construction on the instant land 2 and 3, the Defendants proposed that the Plaintiff would assist the Plaintiff in building design and construction permission procedures necessary for the construction of the instant land, and that part of the instant land owned by the Plaintiff and the instant 2 and 3 land owned by the Defendants would be exchanged. On November 12, 2010, the Plaintiff consented that the Defendants would use 35 square meters of the instant land as a building site, and accordingly, the Defendants received a construction permit for the instant 2 and 3 new land from the Suwon Market on March 28, 2011.
Then, the Plaintiff and the Defendants adjusted the area of land to be exchanged around July 201, and agreed to use 39 square meters among the instant land as each building site, while the Defendants agreed to use 30.5 square meters among the instant land and 8.5 square meters among the instant three land as each building site.
C. On October 28, 201, the Plaintiff and the Defendants concluded a land sales contract for the exchange of 40 square meters among the instant land owned by the Plaintiff and 34 square meters among the instant land owned by the Defendants, and 6 square meters among the instant three land owned by the Defendants, to exchange 34 square meters without compensation for land.
(hereinafter “instant land exchange contract”). D.
On November 1, 201, the Plaintiff and the Defendants exchange the land of this case and part of the land of this case 2 and 3.