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(영문) 대구지방법원 2020.07.23 2018가단112557
토지인도
Text

1. The plaintiff

A. Defendant B points out of the land listed in the separate sheet Nos. 2, 3, 4, 5, 6, and 2 of the annexed sheet No. 1.

Reasons

1. Facts of recognition;

A. On November 30, 2015, the Plaintiff purchased land listed in the separate sheet owned by D (hereinafter “instant land”) and completed the registration of ownership transfer on January 15, 2016.

B. The Defendants leased part of the instant land from D, and Defendant B installed a building on the ground section (b) of 166 square meters (hereinafter “E”) which connects each point of the attached Form 2, 3, 4, 5, 6, and 2 to each point of the instant land in sequence, and operated a wild flowers store with the trade name of “E”; Defendant C installed a building on the ground of the attached Form 1, 2, 6, 7, and 1 which connects each point of the (a) part of the instant land in sequence 247 square meters (hereinafter “the (a) part in the line”) to each point of the attached Form 1, 2, 6, 7, and 1.

[Reasons for Recognition] Unsatisfy Facts, Gap 1, 3 evidence, Eul 1 and 4 evidence, the result of the survey and appraisal commission to appraiser G of this court, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the defendants owned each building on the ground of this case owned by the plaintiff. Thus, barring special circumstances, the defendant Eul has a duty to remove the building on the ground of this case and deliver part of the land on the ship to the plaintiff, and the defendant C has a duty to remove the building on the ground of this case and deliver part of the land on the ship. The defendant C has a duty to remove the building on the ground of this case and deliver part of the land on the ship to the plaintiff. 2) The defendant's defense on the ground of this case's assertion that the defendants exercised the right to purchase the ground of this case's land. Thus, the defendants exercise the right to purchase the ground property against the plaintiff who succeeded to the lessor's status. Accordingly, the defendants have a legitimate right to occupy the land of this case until the plaintiff is paid the purchase price on the ground of this case (A).

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