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(영문) 대구지방법원안동지원 2016.05.18 2015가단5347
토지인도등
Text

1. The defendant removes a temporary building on the ground (a sample house) on the land indicated in the attached list to the plaintiffs, and removes it.

Reasons

1. The following facts can be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 4:

On April 8, 2014, the Defendant, the owner of the land listed in the separate sheet (hereinafter referred to as “instant land”) on April 8, 2014, and leased the instant land from the Plaintiffs and C as the lease term from April 8, 2014 to April 7, 2015, and KRW 33 million per annum (including value-added tax).

(hereinafter “instant lease agreement”). B.

After the conclusion of the instant lease agreement, the Defendant constructed a model house of 572.44 square meters on the ground of the instant land (hereinafter “instant building”).

C. Meanwhile, the Plaintiffs purchased the entire shares of C twice on December 16, 2013 and May 9, 2014, respectively, and own one-half shares of each of the instant land.

2. According to the facts of the above recognition, since the lease contract of this case terminated on April 7, 2015, the Defendant is obligated to remove the building of this case to the Plaintiffs, who are the owners of the land of this case, and deliver the land of this case, and return the unjust enrichment equivalent to the rent calculated at the rate of KRW 33 million per month from April 8, 2015 to the completion date of delivery of the building of this case.

3. In conclusion, the plaintiffs' claims of this case are justified, and all of them are accepted. It is so decided as per Disposition.

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