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(영문) 대구지방법원 2016.12.21 2016나307581
토지인도
Text

1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the defendant (appointed party).

Reasons

1. Facts of recognition;

A. On September 21, 2015, the Plaintiff completed the registration of ownership transfer based on sale on September 21, 2015 with respect to the land listed in the [Attachment List 1] (hereinafter “instant land”).

B. As to the buildings listed in the [Attachment 2] No. 2 on the land of this case (hereinafter “instant building”), Defendant B and Selection C share 1/6 shares in each of them, and 2/3 shares in each of them and 2/3 shares in each of them.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant and the designated parties interfere with the plaintiff's exercise of ownership by owning the building of this case on the land of this case. Thus, the defendant B and the designated parties C are obligated to remove the building of this case with respect to each of 1/6 shares, and the designated parties D with respect to each of 2/3 shares, and to deliver the land of this case.

In regard to this, the Defendant asserts that the lease contract has been concluded and renewed between E, the former owner of the instant land, and F, the former owner of the instant building. However, there is no evidence to support this, and there is no assertion or proof as to the fact that even if the aforementioned lease contract was concluded, the Plaintiff may claim the validity of the said lease contract to the Plaintiff.

Therefore, the defendant's above assertion is without merit, and there is no reason to claim the right to purchase ground based on the valid lease agreement.

3. In conclusion, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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