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(영문) 인천지방법원 2016.12.21 2015나11168
토지인도
Text

1.The judgment of the first instance, including a reduced and added claim in the trial, shall be amended as follows:

The defendants are the defendants.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff is the owner of the land indicated in the order (hereinafter “instant land”).

(2) The Defendants are co-owners of (a) the attached appraisal map on the land in the instant case, (b) the ground part of (c) the ground part of (c) the ground part of (c), and (c) the prefabricated-type warehouse on the ground. The shares of Defendant B are 3/7, and shares of Defendant C and D are 2/7, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1, result of survey and appraisal conducted by appraiser J, purport of the whole pleadings

B. According to the facts of the above recognition, the defendants have a duty to remove the above building (unclaimed building), the prefabricated-type building (building) and the prefabricated-type warehouse on the ground among the land in this case, thereby hindering the plaintiff's ownership of the land in this case. Thus, the defendants have a duty to remove the above building (unclaimed building), the prefabricated-type building (building), the prefabricated-type warehouse and to deliver to the plaintiff the parts of the attached appraisal (a), (b), and (c).

2. Judgment on the defendants' assertion

A. The summary of the assertion (1) G leased the instant land in KRW 200,000 per month from H, the representative of the former owner of the instant land, and constructed a Section F, “F,” on that ground.

Such a lease agreement was succeeded to H by the lessor and succeeded to K, and the lessee succeeded to G in sequence to the Defendants who succeeded to I, I, and I, who succeeded to the property of G in accordance with the agreement on the division of inherited property.

Since the Plaintiff purchased the instant land with the knowledge that it was F on the ground of the instant land, it succeeded to the lessor’s status. Therefore, the Defendants cannot file a claim for delivery and removal.

(2) The Defendants exercise their right to purchase the F building against the Plaintiff pursuant to Articles 643 and 283 of the Civil Act. Since the market price of F building is KRW 300,00,000, the market price of F building is KRW 300,000, the Defendants deliver the instant land simultaneously with the payment of KRW 300,000,000.

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