건물등철거
1. The defendant shall pay to the plaintiff A and B 25,491,197 won, the plaintiff C 30,589,437 won, the plaintiff D 20,392,958 won and each of them.
1. Basic facts
A. On March 26, 2014, F Miscellaneous land 6,175 square meters, which is owned by the Defendant, was divided into 5,674 square meters in F miscellaneous land (hereinafter “F land before division”) and 501 square meters in G miscellaneous land (hereinafter “instant 1 land”). The instant 1 land constitutes the part, which was used as a farm prior to the division, as a substitute.
On January 2015, the Defendant filled up the land of this case and prevented the use of it for agriculture. On the other hand, the passage was resumed to the civil petition system of neighboring residents.
[A evidence 2, 15, Eul evidence 13 (including paper numbers; hereinafter the same shall apply)
[Attachment]
B. On July 29, 2015, the Defendant: (a) concluded a sales contract with the Plaintiff to sell part of the north-west part of the F’s land prior to subdivision (the part corresponding to approximately four meters in width adjacent to the north-west H 1,391 square meters) to the Defendant; and (b) concluded a sales contract to sell the remainder of the F’s land prior to subdivision (excluding the part corresponding to about four meters in width) and the land of this case to the Plaintiff for KRW 1,120,000 (hereinafter “instant sales contract”); and (c) concluded a sales contract with the Defendant to enable the buyer to use the said part (the part corresponding to about four meters in width) as a road (hereinafter “instant special agreement”).
[No. 4]
C. On August 27, 2015, the Defendant: (a) divided the FF’s land before subdivision into F miscellaneous land 5,162 square meters (hereinafter “instant land”) and 512 square meters (hereinafter “instant three land”); (b) prepares a new real estate sales contract (Evidence A; hereinafter “new sales contract”) with the Plaintiffs on the instant land between August 2015 and the Plaintiffs on the instant land (only KRW 1,100,000,000, the sales price of which was reduced to KRW 20,000,000; and (c) entered the date of preparation on August 7, 2015, the Plaintiffs on September 7, 2015, with respect to the instant land indicated on the sales contract (attached Form 1).