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1. Defendant B indicated the annexed drawing among the 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, among the 6, 7, 8, 9, 10, 11, 12, 13, 14, 1
Reasons
1. Facts of recognition;
A. A. Around May 201, between Defendant B and Defendant B, the Plaintiff newly built a multi-family house with two floors on the ground of the land owned by the Plaintiff, Sejong-si, the Plaintiff, and the Plaintiff entered into a construction contract with Defendant B to accord and pay the instant land in lieu of the payment of the construction price.
B. On June 11, 2011, Defendant Mteto Co., Ltd. (hereinafter “Defendant Mteto”), Defendant Mteto Co., Ltd. (hereinafter “Defendant Mteto”), awarded a contract with Defendant Mteto Co., Ltd. for the new construction of multi-family houses (excluding civil engineering, appurtenant construction, and landscaping) on the ground of the instant land and the new construction of housing units on the ground of the instant land. At that time, Defendant Mteto Co., Ltd around the above time, Defendant Mteto built a structure based on reinforced concrete (hereinafter “instant structure”) connected to each of the instant land in sequence 155 square meters, which was not paid progress payment from Defendant B.
Construction period: Method of payment of 424,00,000 won (excluding value-added tax, and 2,650,000 won per deliberation) on June 15, 201, completion of November 14, 2011:
(a) Advance payment: No one;
B. (i) Payment of KRW 50,000,000 on June 30, 201, 201, which was KRW 50,000,000 after the completion of Doshesheet Construction Work, and payment of KRW 50,00,00 upon the commencement of Dosheet Construction Work, and there is no dispute over the grounds for recognition of the payment of remainder within 10 days after the completion of the construction. The entry of evidence A No. 1-2, 2, and 5, the result of this court’s on-site verification, the result of appraiser E’s on-site verification, and the purport of the entire pleadings.
2. Determination
A. In a case where a building is constructed on land, the owner of the land may seek the removal of the building and delivery of the building site against the owner of the land if the building is constructed on land by a person other than the owner of the land. On the other hand, the building is occupied by a person other than the owner of the building.