토지인도
1. Defendant C shall remove the building indicated in the attached list No. 4 to the Plaintiff.
2. The Defendants jointly do so to the Plaintiff.
1. Facts of recognition;
A. around 200, Defendant B leased each of the lands listed in [Attachment 1, 2, and 3 (hereinafter “instant land”) from the Plaintiff’s mother’s mother and used the instant land for the purpose of development, etc. from around that time.
On December 7, 1964, the registration of ownership preservation was completed in the name of D, the plaintiff's put to the land of this case.
B. On May 31, 200, the Plaintiff completed the registration of ownership transfer with respect to the building listed in Paragraph 4 of [Attachment List of the instant land (hereinafter “instant building”) under one’s own name, and completed the registration of ownership transfer with respect to E, who is the former spouse of Defendant B, on June 5, 2000, due to sale as of May 31, 200.
C. On October 29, 2009, Defendant B lent the instant land to Defendant C with a lease deposit of KRW 60 million, KRW 1.4 million per month, and the lease term of KRW 1.4 million from October 29, 2009 (However, the sub-lease in the contract was made to E as his spouse), and Defendant C sold the instant building to Defendant C with KRW 23.5 million on the same day, and completed the registration of ownership transfer in the name of Defendant C with respect to the instant building.
After the death of D, on September 25, 2012, the Plaintiff completed the registration of ownership transfer under its name due to inheritance by consultation and division. On January 1, 2015, the Plaintiff entered into a lease agreement with Defendant B to lease the instant land by setting the lease term from January 1, 2015 to January 1, 2017 (hereinafter “instant lease agreement”).
The terms and conditions of the instant lease agreement are as follows.
Article 5 (Termination of Contract) When a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.
No special agreement shall be purchased or sold to any other person.
【Ground for recognition of the original state of a building] without dispute, Gap evidence 1, and Gap.