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1. Defendant B:
(a) remove the buildings listed in paragraph 1 of the attached list and set out in paragraph 2 of the attached list.
Reasons
1. Facts of recognition;
A. On October 26, 1978, D acquired the ownership of the land listed in Annex 2 (hereinafter “instant land”). On May 26, 2016, E inherited the instant land. On August 11, 2016, the Plaintiff acquired the ownership of the instant land on the ground of donation.
B. Around September 1998, F agreed to pay KRW 100,000 per month rent when leasing the instant land from D.
C. The F, after obtaining a building permit on September 25, 1998, constructed a building listed in Section 2 of [Attachment List on the instant land (hereinafter “instant building”) and obtained approval for use on November 7, 1998, and completed registration of ownership preservation on September 15, 199.
After that, on September 28, 199, the owner of the building of this case was successively changed on September 28, 199, G, December 4, 2008, and Defendant B purchased the building of this case from H and acquired ownership on March 6, 2013.
Defendant C leased the instant building from Defendant B to KRW 10 million, monthly rent of KRW 500,000,000, and operated business in the instant building.
E. H or Defendant B did not fully pay rent or other money on the pretext of land use to the Plaintiff, who is the owner of the instant land.
F. The Plaintiff acquired the claim for rent due to the use of the instant land from March 6, 2013 to August 10, 2016, as the heir of D, I, E, and J.
[Ground for Recognition: Each entry in Gap evidence (part of omission of a number) and the purport of the whole pleadings]
2. Determination as to the removal of buildings, the transfer of land and the removal request
A. Even in a case where a land lease aimed at owning a building for the purpose of determining the cause of the claim is not registered, if the lessee has registered the building on the ground, the lease takes effect against the third party (Article 622(1) of the Civil Act). According to the above recognition, Defendant B acquired the ownership of the building of this case on March 6, 2013, and acquired the right of lease of the land of this case as well as the right of lease of the land of this case.