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(영문) 대구지방법원 2015.08.19 2014나21166
토지인도 등
Text

1. Upon receiving a claim for a change in exchange from the party room, the Defendant shall attach the attached Form 69m2 to the Plaintiff among the 69m3 forest land in racing-si.

Reasons

1. Basic facts

A. The Plaintiff is the owner of D forest land 851 square meters and C forest land 699 square meters in racing-si.

B. On May 31, 201, B: (a) the construction of a newly built multi-family house and a newly built of a multi-family house on the ground C (hereinafter “instant construction”) from the Plaintiff, for each construction period from June 1, 2011 to September 30, 201; and (b) the construction cost was KRW 240 million, respectively.

C. Before the Defendant’s change, the Defendant’s trade name was changed to Daenam Construction Co., Ltd., and the change of trade name was completed on May 10, 2013. On June 11, 2011, the construction part of the instant construction was subcontracted from B.

Since the Defendant did not receive progress payment from June 30, 201, the construction work was suspended around August 201, since it continued to perform the construction work of the first floor floor of the multi-family house above C forest land 69 square meters (hereinafter “instant land”).

E. On August 19, 2011, B prepared a letter (Evidence A 3, hereinafter “instant letter”) stating that “I will resume the instant construction work and, unless there is no change in weather conditions, give up all construction works and be liable for damages if I would not perform on-site work for at least five days.” However, the instant construction was not resumed thereafter.

F. At present, among the instant land, there are 155 square meters based on the “1” portion of reinforced concrete structure (hereinafter “instant structure”) connected in line with each point of 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 6 of the annexed drawings among the instant land, and the Defendant occupied the instant structure.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 3 (including branch numbers), the result of the on-site inspection by the court of the first instance, the result of the survey appraisal, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant who occupies the structure of this case, barring special circumstances, is obligated to leave the structure of this case to the plaintiff who is the owner of the land of this case.

B. Judgment on the Defendant’s assertion

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