퇴거 청구
1. The defendant shall be the plaintiff.
(a) entry in paragraph (a) of Article 2 of the Schedule on the same ground of the land listed in paragraph (a) of Annex 1 attached hereto;
Facts of recognition
On August 2014, the Plaintiff entered into a construction contract with the Defendant on a contract with the construction cost of KRW 2 billion for the construction of a new factory on the ground of 8,034.1 square meters of land for a factory in Daegu-gun, Daegu-gun, that he/she owns to the Defendant.
(2) The Defendant, upon receipt of the construction cost, suspended the construction site on September 2015 while performing the construction of the instant case upon receipt of the construction cost. From August 2016 to August 1, 2016, the Defendant 2000 possession of each land listed in the separate sheet 1 (hereinafter referred to as “each land of this case”) listed in the separate sheet 2 by putting a banner during the exercise of lien on the land listed in the separate sheet 1(a) and installing containers and dogs listed in the separate sheet 2(b) on the ground listed in the separate sheet 1(b) or loading the arms placed on the land listed in the separate sheet 2(b) as indicated in the separate sheet 1(b).
(2) According to the reasoning of the judgment below, the court below's determination as to the ground for the plaintiff's claim as to the plaintiff's possession of each of the lands of this case as the owner of each of the lands of this case, and the defendant has a duty to collect the containers of this case, which are loaded or installed on each of the lands of this case and deliver each of the lands of this case to the plaintiff of this case.
The Defendant’s assertion as to the Defendant’s assertion was awarded a contract with the Plaintiff for a new construction of the instant plant, and thus, the Defendant did not receive an amount equivalent to KRW 830,000,000,000 for the final construction cost (including value-added tax). Therefore, the Plaintiff’s claim is filed until the payment is made.