건물철거 및 토지인도 등 청구의 소
1.The judgment of the first instance shall be modified as follows:
The defendant shall attach 2 marks 1, 2, and 2 among the land listed in the attached Table 1 to the plaintiff.
1. Basic facts
A. On August 10, 1996, the Defendant acquired the ownership of the land listed in the annexed Form 1 (hereinafter “instant land”). On August 19, 1996, the Defendant created a right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant land to a non-ASEAN Agricultural Cooperatives.
B. On May 17, 1997, the Defendant: (a) installed, on the instant land, a vinyl 1,2430.4 square meters (hereinafter “instant glass temperature”); and (b) installed, on the instant land, a vinyl 1,1246 square meters [Attachment 2, 5, 6, 7, 8, and 5] of a vinyl 1,246 square meters (hereinafter “the instant vinyl 1,2, 3,4, and 1 of the instant land connected to the instant land at the time of the ownership of the Defendant); and (c) on the instant land, the part (a) of the instant glass 2,2, 3, 4, and 1 of the attached Table 134 square meters connected to the instant land (hereinafter “the part (a) of the instant glass room”) located on the instant land; and (d) the remainder of the said land is located on C.
C. D was awarded a successful bid of the instant land on June 14, 2001 during the voluntary auction procedure commenced based on the instant right to collateral security, and the Plaintiff acquired the ownership of the instant land from D on March 2, 2002.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 and Eul evidence 2 (including paper numbers; hereinafter the same shall apply), the result of the request for appraisal by the court of the trial, the purport of the whole pleadings
2. Determination as to the removal of ground objects and the claim for land delivery
A. According to the reasoning of the judgment as to the cause of the claim, the Defendant is obligated to remove the (A) part of the glass temperature room in this case and the vinyl house in this case, respectively, and deliver the land in this case to the Plaintiff.
B. (1) On February 21, 2002, the Defendant’s summary of the defense based on the right of lease (a) the Defendant leased the land of this case from the Plaintiff during the period from February 21, 2002 to December 31, 2005.