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(영문) 대구지방법원안동지원 2016.08.10 2015가단2706
건물철거등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) paid KRW 4,678,790 to each of the Plaintiff (Counterclaim Defendant) and its related amount from October 11, 2015 to October 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts are not disputed between the parties or may be acknowledged in full view of Gap evidence 1-2, 3, Gap evidence 2, 3, Gap evidence 5-7, Eul evidence 12, Eul evidence 12, and the whole purport of the arguments as a result of appraiser D's appraisal.

On February 16, 2015, the Plaintiff acquired ownership by fully paying the sale price of each real estate listed in the separate sheet (hereinafter “instant real estate”, “instant building”, “each real estate listed in the separate sheet,” and “each real estate listed in the separate sheet,” “each of the instant real estate”) and four oil storage tanks buried on the instant land (hereinafter “each of the instant real estate”), and four main organic storage tanks installed on the instant land (hereinafter “each of the instant real estate”), and the ownership of each of the instant real estate, each of the instant real estate, each of the oil storage tanks, each of each of each of the instant real estate, each of each of each of each of the instant real estate, each of each of each of the instant real estate storage tanks, and each of each of each of each of the instant real estate (hereinafter “each of the instant real estate, etc.”).

B. The Defendants, around June 2012, leased the lease deposit amounting to KRW 20 million, KRW 1 million per rent, KRW 1 million per month, and KRW 200,000,000 per month of electricity, and operated the site as the gas station on the first floor among the instant buildings from F. The Defendants had operated the gas station in the instant building.

C. On June 30, 2015, the Plaintiff was ordered to issue an order to deliver real estate (hereinafter “order to deliver the instant real estate”) with the purport that “the Defendant shall deliver each of the instant real estate and each of the instant oil storage tanks, etc. to the Plaintiff.”

In accordance with the order to deliver the instant real estate on September 15, 2015, the execution officer of Ansan-dong Branch of the Daegu District Court promised to voluntarily deliver the instant real estate by October 10, 2015, when Defendant C paid KRW 7,723,50 to H as the Plaintiff’s agent.

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