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1. The Defendant’s KRW 44,650,250 as well as the Plaintiff’s annual rate of 5% from November 29, 2013 to April 6, 2016, and the following.
Reasons
Facts of recognition
The Plaintiff, as a project operator of the business, completed the registration of ownership transfer based on a consultation on the acquisition of public land between December 22, 201 and January 6, 2012, with respect to C farm site, 774 square meters, 497 square meters prior to D, 252 square meters prior to E, and 141 square meters for F farm site (hereinafter collectively referred to as “instant land”).
At the time, the Defendant leased the instant land from G along with a 527.7 square meters (hereinafter referred to as the “instant building”) of a stable of the 527.7 square meters of each floor of the instant land, and installed a separate provisional structure and used it as a workplace.
Accordingly, on March 23, 2012, the Plaintiff agreed to compensate for the above obstacles in KRW 98,753,330, and the Defendant agreed to remove or move the obstacles until September 28, 2012, and the Plaintiff paid the above compensation to the Defendant around July 31, 2012.
On September 12, 2012, the Plaintiff agreed to compensate for KRW 175,133,00 for the instant building, etc. between G and G, and paid the said compensation on October 5, 2012.
However, the Defendant did not remove or transfer obstacles that the Plaintiff applied for the instant payment order until November 13, 2013, and did not pay rent to the lessor G from early 2013.
【In the absence of dispute, Gap 1-3, 5-7, 9-11 (including a provisional number; hereinafter the same shall apply) and the facts of recognition as above, the defendant is obligated to leave the building of this case and return the land of this case after the lapse of September 28, 2012. The plaintiff acquired the right to dispose of the land of this case on October 5, 2012. At least after the completion of compensation, it is reasonable to view that the defendant occupied and used the entire land of this case including the site of this case without legal title in relation to the plaintiff.
Therefore, the defendant is against the plaintiff.