beta
Text
1. The defendant shall pay 81,793,965 won, 10,432,569 won, and 10,432,569 won to the plaintiff Lee Ho-family Housing Co., Ltd. and each of the above amounts.
Reasons
1. Facts of recognition;
A. On September 5, 2011, the Defendant entered into a contract for the instant land with Nonparty B, C, D, E, and F, the construction period from September 201 to December 2012 on the ground of the instant land, which was the owner of the real estate listed in the separate sheet (hereinafter “instant land”) and suspended construction while performing construction works while the instant land destruction works, retaining wall construction works, and basic construction works were conducted.
B. On August 20, 2013, the Plaintiffs paid 1246.6/140 shares in relation to the Plaintiff L/C Co., Ltd. among the instant land, and 159/6 shares in 1405.6 shares at each auction, and completed the registration of transfer of each of the instant land on October 28, 2013.
C. On November 4, 2013, Plaintiff Lisan Housing Co., Ltd. received a disposition to accept a report on change of construction participants from the head of Ulsan Metropolitan City, Ulsan Metropolitan City, and demanded the Defendant to deliver the instant land. However, the Defendant refused to deliver the instant land by asserting a lien on the instant land. Since the Plaintiffs acquired the ownership of the instant land, it occupied the instant land by establishing a safety board board at a height of 2.5 to 3 meters in height at the boundary of the instant land from December 17, 2014.
In the case where the plaintiffs claimed against the defendant that the Ulsan District Court 2013Gahap8072 against the defendant to deliver the land of this case and remove its above-ground facilities, the plaintiffs were sentenced to a favorable judgment on July 10, 2014. The plaintiffs appealed, but the defendant appealed against the defendant, but the dismissal of the appeal became final and conclusive by Busan High Court 2014Na5760.
E. The fact that there is no lien for the Defendant’s land of this case does not exist between the parties thereto.
[Grounds for recognition] Unsatisfy, A No. 1.