토지인도
1. The plaintiff
A. Defendant B, among forest land E 2,535 square meters in Gangnam-si, has each point in the annexed drawings 2, 3, 4, 5, 28, 27, 26, 25, and 2.
1. In full view of the entries in Gap evidence Nos. 1 and 3 (including the number of branch numbers), the result of the verification by this court, the result of the survey and appraisal on the Korea Land Information Corporation, and the purport of the entire pleadings, the plaintiff acquired ownership of a forest E 2,535 square meters (hereinafter "the land in this case") on February 17, 2004. The defendants are recognized to possess a house and a building as stated on the land in this case and possess the land.
2. Determination
A. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to remove each house and building indicated in the order owned by the Defendants and deliver the site to the Plaintiff.
B. The Defendants’ assertion 1) asserted that Defendant B had the obligation to pay compensation and relocation expenses incurred from the removal of a house since Defendant B paid land rent to the Plaintiff. However, there is no evidence to prove that Defendant B concluded a land lease agreement with Defendant B and paid rent, and the above assertion by Defendant B is without merit. 2) Defendant C purchased a house from Defendant C for residential purpose, and the Plaintiff was obligated to purchase the building occupied by Defendant C.
In the case of land lease for the purpose of owning a building or other structure, if there is a building, the lessee has the right to demand the purchase of the ground property, or there is no evidence to deem the lease relationship between the plaintiff and the defendant C in this case, and the claim of the defendant C is without merit.
3 The defendant D had paid land rent to the plaintiff, and the plaintiff refused to pay the land rent without any justifiable reason, and therefore, the lease contract should be concluded again. However, there is no evidence to prove that the defendant D concluded the land lease contract with the plaintiff and paid the rent.