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(영문) 대전고등법원 2019.10.31 2019나13412
토지인도
Text

1. The part against the defendant regarding a claim for payment of money in the judgment of the court of first instance shall be revoked, and the revoked part shall be applicable thereto;

Reasons

1. In the first instance trial, the Plaintiffs were originally “E District Housing Association Promotion Committee for the Defendant and the Joint Defendant D of the first instance trial” (hereinafter “Joint Defendant of the first instance trial”) and the name was changed as above on December 2016.

The public relations center of this case should be removed jointly and severally, and each land of this case should be transferred to the owner of the relevant land, and the compensation for damages due to unlawful acts, such as unlawful acts as stated in the purport of the claim, was claimed (selective claim) respectively.

The court of the first instance ordered co-defendants of the first instance to remove the publicity hall of this case from the plaintiffs, and ordered co-defendants of the first instance court to deliver each of the lands of this case to the owners of the lands of this case and to return unjust enrichment, such as the statement in the claim, and dismissed the plaintiffs' claim against the defendant for removal of the publicity hall of this case against the plaintiffs.

The plaintiffs appealed against the part of the claim for removal of building in the first instance judgment, and the defendant appealed against the defendant among the claim for monetary payment in the first instance judgment. The scope of this court's judgment is limited to the part of the claim for removal of building against the defendant, and the part of the claim for monetary payment against the defendant.

2. Basic facts

A. On March 19, 2016, the co-defendants of the first instance trial contracted the design and construction work of the instant promotion center to the Defendant in order to build the instant promotion center on each of the instant land.

B. F, for the construction of the publicity hall in the instant case, the co-defendants in the first instance trial, concluded a lease agreement with the Korea Rural Community Corporation on April 6, 2016, to lease the land No. 1 from the Plaintiff on March 31, 2016, the land No. 2 owned by the Plaintiff on March 31, 2016, and the land No. 3 and 4 owned by the Plaintiff on the same day for each one year.

C. F. The F.O. 201.

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