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(영문) 대구지방법원서부지원 2016.07.22 2015가합6501
건물철거 및 토지인도
Text

1. The Defendants jointly deliver to the Plaintiff KRW 119,722,00 and the land indicated in attached Table 1 from July 5, 2016.

Reasons

1. Basic facts

A. The land listed in the separate sheet No. 1 (hereinafter “instant land”) was originally owned by D and Defendant B, and the ownership transfer registration was completed on February 6, 1995 on the ground of the Plaintiff’s successful bid on November 28, 1994.

B. Around April 1993, Defendant B obtained a building permit for the 4th floor building on the instant land from the competent authority, and commenced the new construction work on July 23, 1993, and completed the construction of the building in the attached Table 2 (hereinafter “instant building”) around April 199.

Meanwhile, Defendant C purchased the first floor of the instant building that was newly constructed by Defendant B around October 1994, and paid the price therefor, and thereafter has been occupied and used until now.

C. On November 14, 200, the Defendants confirmed that the term of 30 years for the purpose of owning the instant building, superficies of 500,000 won per land was owned by the Defendants, and the Plaintiff filed a lawsuit for confirmation of superficies against the Defendants. The Plaintiff filed a lawsuit for confirmation of superficies with the Daegu District Court 2001Gahap6866, Daegu District Court Decision 2001Gahap20166 against the Defendants, “The Plaintiff shall remove one of the instant buildings, and deliver the instant land to the Plaintiff, and the Defendants jointly jointly pay the amount of 79,642,000 won, and 50,000 won per land from January 1, 2001 to the completion date of delivery of the instant land.”

On October 18, 2001, the Daegu District Court rendered a ruling that "the defendant B shall remove the first floor of the building in this case, and the defendant C shall deliver the land in this case. The defendants shall jointly pay 68,482,00 won and 9.30,000 won per month from January 1, 2001 to the completion date of delivery of the land in this case."

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