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(영문) 창원지방법원진주지원 2020.12.11 2019가단30453
건물등철거
Text

The Defendants, at the same time, receive each purchase price stated in the separate sheet from the Plaintiff, shall not be paid to the Plaintiff.

(a) the annexed Schedule.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the land listed in attached Table No. 1 (hereinafter “instant land”) and the land adjacent thereto, Jinju-si, who is the owner of the land.

B. Each building listed in paragraph (2) of the attached Table No. 2 of the land listed in the annexed Table No. 1 (hereinafter “instant No. 1”) was owned by the network K. However, at present, Defendant C, the heir, owned the shares of 9/13 and Defendant B’s shares of 4/13. Each building listed in paragraph (3) of the attached Table No. 3 of the attached Table No. 1 on the same ground (hereinafter “instant building”) owned by the network L, but, in addition to the above No. 1 buildings, Defendant D, E, Defendant F, Defendant G, and Defendant H owned the respective shares of 1/5, each of which is its heir.

[Grounds for Recognition] Facts without dispute, entry of Gap evidence 1 to 11 (including virtual numbers; hereinafter the same shall apply)

2. Determination

A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendants are obligated to remove each of the buildings listed in [Attachment 2 and 3] according to their respective shares owned by the Plaintiff and deliver the instant land to the Plaintiff.

B. (1) The Defendants concluded a lease agreement for the purpose of owning each of the instant buildings, but the Plaintiff asserted the termination of the lease agreement and sought removal and delivery of each of the instant buildings. As such, pursuant to Articles 643 and 283 of the Civil Act, the Defendants seek to purchase the instant buildings owned by the Defendants for each of their respective shares pursuant to Articles 643 and 283 of the Civil Act.

The facts that each lease contract for the ownership of each of the instant buildings was concluded with respect to part of the instant land do not conflict between the parties, and the Plaintiff seeks to remove each of the instant buildings on the premise that the lease contract is terminated.

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