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1. The Defendant shall keep in turn each point of the attached sheet No. 1, 2, 3, 4, and 1 among the land size of 871 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.
Reasons
1. Facts of recognition;
A. On August 11, 2016, the Plaintiff leased the instant land as the owner of B Tae-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant land”) with a deposit of KRW 20 million, monthly rent of KRW 400,000 (including value-added tax) and the lease term of KRW 1 year from August 11, 2016.
B. Since September 11, 2016, Madddi did not pay the Plaintiff the rent, and the Plaintiff terminated the said lease contract.
On March 21, 2017, the Plaintiff filed a lawsuit against luminous Co., Ltd. seeking delivery of the instant land, removal of buildings on its ground, and payment of unpaid rents (this Court Decision 2016Da8314) and received a judgment citing all claims from this Court. The said judgment became final and conclusive on April 12, 2017.
C. On October 22, 2015, the Defendant entered into a contract for the construction of a model house on the instant land (hereinafter “instant contract”). On November 20, 2015, the Defendant completed the construction of 263 square meters of 1st 263 square meters of 263 square meters of 263 square meters of 263 square meters of 263 square meters of 263 square meters of 263 square meters of 2nd 2nd 2,22nd 2,000 (hereinafter “instant building”) with respect to the construction of a model house on the instant land.
However, D. D.C. did not pay KRW 545 million out of the construction cost under the instant contract to the Defendant.
From April 2017 to the closing date of the pleadings of this case, the Defendant occupies each of the buildings listed in paragraph (1) including the instant building.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, Gap evidence No. 5, Eul evidence No. 2, the purport of the whole pleadings
2. Determination
(a) The removal of a building and the delivery of its site to the owner of the building on the ground that the building has no right to use the land for its existence;