beta
Text
1. The Defendant (Counterclaim Plaintiff) collects the warehouse listed in the separate sheet No. 2 from the Plaintiff (Counterclaim Defendant) and shall list the separate sheet.
Reasons
1. Facts of recognition;
A. The land listed in Paragraph 1 of the Attached List (hereinafter “instant land”) was owned by D, the original Defendant’s attachment, and on January 19, 194, the registration of transfer of ownership was completed on July 7, 1985 pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 4502).
B. Around 1952, the Plaintiff’s attachment attached Table No. 3 (hereinafter “instant house”) was newly constructed, which is an unauthorized building not yet registered on the ground by leasing the instant land from D, and a warehouse listed in attached Table No. 2 (hereinafter “instant warehouse”). On February 3, 1998, the Plaintiff resided in the instant house and died on February 3, 1998.
C. On May 17, 2010, the Plaintiff inherited the instant house and warehouse, sold the said house and warehouse to C, and the lease agreement with the Defendant on the instant land was succeeded to C.
The lease agreement between C and the Defendant on the instant land was terminated on January 20, 201, and C exercised the right to purchase the instant housing and warehouse against the Defendant on October 19, 201.
The Defendant filed a lawsuit against C with respect to the removal of the instant house and warehouse and delivery of the instant land, and paid unjust enrichment calculated by the ratio of KRW 532,454 and KRW 67,770 per month from September 21, 201 to September 21, 2011, to the delivery date of the instant land. The Defendant was sentenced to the judgment that “C shall receive the instant house and warehouse from C, and simultaneously pay KRW 15,067,00 to C the purchase price.” The said judgment became final and conclusive as it is.
[This Court 201Da132 case, Daejeon District Court 2012Na11035 (Mains) case, 2013Na5587 (Counterclaims), Supreme Court 2013Da48364 (Mains) case, 2013Da48371 (Counterclaims), hereinafter referred to as the “first instance case”). E.
The defendant shall execute the procedure for transferring the warehouse of this case and transferring the ownership of this case against C.