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1. Claim filed by the Plaintiff (Counterclaim Defendant) against Defendant B (Counterclaim Plaintiff) and Defendant C
(a) At the preliminary claim, the defendant.
Reasons
1. The assertion;
A. On February 22, 1980, the Plaintiff asserted 1 of the Plaintiff (Counterclaim Defendant; hereinafter the Plaintiff is the Plaintiff) is limited to the instant land, which is 1051 square meters per annum prior to Daegu Dong-gu, Daegu (hereinafter the instant land).
2) From 2010, Defendant B (hereinafter “Defendant B”) leased from the Plaintiff the land “A” portion of the land on board (hereinafter “A” portion of the land on board, which was successively connected with each of the following points in the attached appraisal drawings from around 2010: 1,2,3,4,5,6,7,8,9,10,11, 12,13,14,15,17,18,19,20,21,22,23,24,25,26,27,27, and 515.2 square meters of the land on board (hereinafter “the land”).
(C) However, Defendant B, without the Plaintiff’s permission, continuously connects the respective points of 1,2,28,27, and 1, the land on the ground by the former lessee who leased the part of 1,25.4 square meters of the building (hereinafter “the instant lease or lease”) and the C/C’s 35.4 square meters of the building (hereinafter “part”) and the C/C’s 35,36,37,38, and 35 of the said drawings, are the divable parts of the building (hereinafter “part 4.6 square meters of the building”) under the order of the former lessee who leased the part of 1,28,27, and 29 square meters of the land on the ground. The mother and mother acquired from the former lessee, and completed the registration of ownership transfer with respect to the above part 19 square meters of the building (hereinafter “part 4.6 square meters of the building”).
C. On July 6, 2015, the Plaintiff sent to Defendant B a notice of termination of the instant lease agreement with respect to “A” portion of land, and accordingly, the instant lease agreement became null and void on January 6, 2016 after six months from the notice of termination under Article 635(1) and (2)1 of the Civil Act.
Therefore, Defendant B is obligated to remove the parts of the building “ ,” “ ,” “ d” to the Plaintiff, and Defendant B and Defendant C are obligated to deliver the parts of the land “ 1” to the Plaintiff.