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1. The defendant shall be the plaintiff.
(a) remove the buildings listed in the attached Table 1 and the land listed in the attached Table 2;
Reasons
1. The following facts of recognition do not conflict between the Parties:
The plaintiff is awarded a successful bid for the land B and C (attached Form 2, hereinafter referred to as the "land of this case") in Chungcheongnam-gun, Chungcheongnam-gun, and Chungcheongnam-gun, and paid the price in full, and completed the registration of ownership transfer on November 26, 2015.
B. On March 15, 2013, the Defendant obtained a building permit for multi-family housing on the instant land, and was under construction of a building listed in the attached Table 1 (hereinafter “instant building”).
2. Determination
A. According to the above facts of determination as to the cause of the claim, the building of this case owned by the Defendant, which is located on the land of this case owned by the Plaintiff, shall be demolished, and the Defendant shall deliver the land of this case used as the site of the building of this case to the Plaintiff.
In addition, the Defendant is causing damage to the Plaintiff by using the instant land owned by the Plaintiff as the site for the instant building, and the said damage is equivalent to the monthly rent for the instant land. According to the appraiser D’s appraisal result, the monthly rent of the instant land is KRW 2,837,00 per month from November 2015 to October 2016, and the monthly rent of KRW 3,042,00 (less than KRW 3,000), and the monthly rent of November 2016 is recognized. In light of the fact of recognition, it can be ratified that the monthly rent of KRW 3,042,00 after November 2016 is KRW 3,042,00.
Therefore, the Defendant is obligated to pay to the Plaintiff the money calculated at the rate of KRW 3,04,00 per month from November 26, 2016 to November 25, 2016 (the amount calculated by the rate of KRW 2,837,00 per month from November 26, 2015 to November 25, 2016).
B. As to the judgment on the defendant's assertion, the defendant has legal superficies against the land of this case, and the plaintiff seeks removal of the building of this case from the fair rate of 90%.