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(영문) 대구지방법원 2018.06.20 2018나334

토지인도등

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Order of the court of first instance.

Reasons

1. Facts of recognition;

A. On September 25, 201, Defendant B entered into an agreement with D to grant a free use of each of the above real estate by September 25, 201, when Defendant B operated an inspector E in each of the real estate listed in the separate sheet, which was owned by D (hereinafter “each of the instant real estate”). In the event that a sales contract was concluded due to a special agreement, all of the instant real estate rights are extinguished, and without any assertion, deliver each of the instant real estate, and deliver each of the instant real estate without asserting the expenses incurred before September 25, 201 (hereinafter “instant free use agreement”).

B. On January 4, 2014, when Defendant C operated the above E, Defendant C entered into a lease agreement with Defendant C, setting the lease term as between January 4, 2014 and January 3, 2015 with respect to each of the instant real estate, and as between January 4, 2014 and January 3, 2015, as in the instant free use agreement, the term “the right on each of the instant real estate is extinguished if the contract was entered into, and without any assertion, deliver each of the instant real estate, and deliver each of the instant real estate without claiming expenses incurred prior to January 4, 2014 (hereinafter “the instant lease”). The instant lease continued to exist as a lease without a fixed period because it was implicitly renewed after the expiration of the term.

C. The Defendants jointly occupied each of the instant real estate, and installed 17 square meters of the instant real estate roof on the real estate rooftop listed in the attached Table 8 among the instant real estate, and each of the instant real estate, such as a household building, steel materials, plastic greenhouses, and bridges, on the ground of the attached Table 1, 3, and 5.

D The D died on September 28, 2014, and the F, G, H, I, J, and K (hereinafter “F”) inherited each of the instant real estate and completed the registration of ownership transfer at the ratio of inheritance shares on December 8, 2016.

E. The plaintiff F.C.