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1. The Plaintiff:
A. Defendant B leaves the building listed in Annex B Section 2; and
B. Defendant Geumsan-gun shall be in annexed Form.
Reasons
1. Facts of recognition;
A. C has completed the registration of ownership transfer on the land listed in paragraph (1) of the attached Table Nos. 1 (hereinafter “instant land”) and the building listed in paragraph (2) of the attached Table Nos. 2 of the attached Table Nos. 2, the Daejeon District Court No. 2530 of March 11, 1993, No. 2530 of March 9, 1993.
B. As part of the instant building is in conflict with the road while implementing the construction of a D apartment front city planning road, Defendant Kusan-gun acquired the instant building from C on June 16, 2014 in consultation with the owner of the instant building, and completed the registration procedure for ownership transfer on the same day.
On June 20, 2014, Defendant Kusan-gun paid KRW 40 million out of the purchase price to C, and agreed to pay the balance at the same time as the delivery of the house.
However, after C died on October 13, 2014, Defendant B, the denyingr of C, continues to occupy the instant building without delivering it.
C. Defendant B, E, F, and G, the inheritor of C, inherited the instant land. Defendant B sold his share (3/9) to H on March 4, 2015. As regards E, F, and G shares (6/9), the Plaintiff completed the registration of transfer of shares on the ground of sale due to compulsory auction on March 10, 2017, the Daejeon District Court No. 3516, the receipt of receipt on March 10, 2017.
The rent from March 10, 2017 to the time of the closing of argument in this case as to the part 6/9 of the land of this case, which is the Plaintiff’s share, is KRW 80,000 per month.
[Ground of recognition] A without dispute, entry of Gap evidence 1 to 5, the result of appraiser I's appraisal, the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, barring any special circumstance, Defendant B, the owner of the share in the instant land, shall withdraw from the part of the instant building, Defendant Kusan-gun shall remove the instant building and deliver the instant land. The Defendants, each of whom they acquired the ownership of the instant land from March 10, 2017.