(영문) 의정부지방법원 2016.11.04 2016가단106247

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(영문) 의정부지방법원 2016.11.04 2016가단106247

토지인도

Text

1. The Plaintiff:

A. Defendant B received KRW 37,438,00 from the Plaintiff and simultaneously received KRW 37,438,00 from the Plaintiff, Section 1 and Section 2 of the attached Table 2.

Reasons

1. Basic facts

A. The Plaintiff is the owner of each land listed in the separate sheet 1.

Defendant B is the owner of each building listed in attached Tables 1 and 2, and Defendant D is the owner of each building listed in attached Tables 2, 3 and 4, and Defendant E is the owner of each building listed in attached Tables 2, 2, 5.

(hereinafter referred to as the “each of the instant buildings” and, when one of the buildings is observed, Defendant C is residing in the instant building Nos. 1 and 2.

Each of the instant buildings is unregistered buildings.

B. On December 20, 2012, the Plaintiff leased the site of the instant building Nos. 1 and 2 to Defendant B from December 27, 2012 to December 27, 2014. The site of the instant building was leased to Defendant D, and the site of the instant building Nos. 3 and 4 was leased to Defendant E., and the site of the instant building was leased to Defendant E.

(hereinafter referred to as “each of the instant lease agreements”) C.

Each of the instant lease agreements was explicitly renewed even after the expiration of the term, but around June 2015, the Plaintiff’s notification of termination to Defendant B, D, and E was lawfully terminated and terminated around December 2015.

[Ground of recognition] The fact that there is no dispute, Gap 1 through 4, Eul 1 (including the number of branches), the appraiser F's appraisal result, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts as to the cause of the claim, barring special circumstances, Defendant B shall remove the building Nos. 1 and 2 of this case, and deliver the site for each of the above buildings to the Plaintiff, and Defendant C shall leave the building Nos. 1 and 2 of this case, Defendant D shall remove the building Nos. 3 and 4 of this case, deliver the site for each of the above buildings, and Defendant E shall remove the building No. 5 of this case and deliver the site for the building.

B. As to the claim for purchase of the above ground by Defendant B, D, and E, the Plaintiff and the Defendant B objection.

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