Cases
2017 Ghana 104005 Land Assignment
Plaintiff
A Housing Association 1 complex
Defendant
B
Conclusion of Pleadings
October 19, 2017
Imposition of Judgment
November 16, 2017
Text
1. The Defendant: (a) connects the Plaintiff with the point of 1,2, 3, 4, 5, 6, 7, and 1 in sequence with the point of 1,2, 3, 4, 5, 6, 7, and 14 in the annexed Form No. 12, 13, 14, 15, and 12 in sequence; (b) connects the part of the ship (B) with the point of 8,9, 10, 11, and 8 on the ground map No. 101 square meters in order; (c) connects the point of 38 square meters in the annexed Form No. 16,17, 18, 19, 20, 21, 22, 23, 24, 25, and 16 in the annexed Form No. 2; and (d) connect the portion of the land to the Plaintiff with each point of 67, 264,274,25,25,264,16.
2. The costs of the lawsuit are assessed against the defendant.
3. Paragraph 1 can be provisionally executed.
Purport of claim
The same shall apply to the order.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of the 700 square meters and D 456 square meters (hereinafter referred to as “each of the instant lands”) in Kimhae-si.
B. The Defendant, among the 700 square meters in the paddy-si, Kimhae-si, the part inside the ship (A), which connects each point of which is 101 square meters in sequence with the indication of the attached drawing, 2, 3, 4, 5, 6, 7, and 1, and 101 square meters, and the part (B) which connects each point of which is 8, 9, 10, 11, and 8 with the indication of the attached drawing, 12, 13, 14, 15, and 12 attached with the indication of the attached drawing, 38 square meters in the part (c) on the ground, which connects each point of which is 16,17, 18, 19, 20, 20, 21, 22, 23, 24, 25, and 16, possesses each of the above parts (D) with the indication of the attached drawing, each of which is 67, 26, 26426, 27, 254, 26, 27.
[Reasons for Recognition] Unsatisfy, Gap evidence 2-1 and 2-2, the purport of the whole pleadings
2. Determination
A. Determination on the cause of the claim
According to the above facts, the defendant is obligated to remove each of the buildings of this case to the plaintiff and deliver each part of the building to the plaintiff.
B. Judgment on the defendant's argument
The defendant claimed that the plaintiff cannot respond to the plaintiff's request until he is paid KRW 13 million for the installation of facilities and relocation expenses by leasing each of the lands in this case from E, the former owner of each of the lands in this case.
On the other hand, even if the defendant's assertion is based on the defendant's assertion, it is difficult to view that the defendant has the right to demand the plaintiff to install the facilities and to move expenses, and there is no other evidence to acknowledge this differently, the above argument
3. Conclusion
The plaintiff's claim is justified and accepted.
Judges
Judges Han Han-chul
Site of separate sheet
A person shall be appointed.