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(영문) 대구지방법원 2017.02.08 2016가단6719
건물철거및토지인도
Text

1. The defendant is against the plaintiffs:

A. Each point is indicated in the Appendix No. 1, 2, 3, 10, 9, and 1, respectively, on the ground of the Gyeongsan-si, Gyeongbuk-si.

Reasons

1. On July 16, 2015, the Plaintiffs acquired ownership of each of the 1/2 shares out of D & 102 square meters (hereinafter “instant land”).

The Defendant is the owner of the E-ground building adjacent to the instant land (hereinafter “instant building”). Of the instant building, the instant building, “1, 2, 3, 10, 9, and 1 each point of which are successively connected with each point of “1, 2, 3, 10, 9, and 1,” the land of this case, “1, 39,000 square meters in the part of “1,” in the same section, 20,000 square meters in the ship, which connects each point of “1, 39,000 square meters in the same drawings, 3,4,5,6,10,000 square meters in the same drawings, and 20,000 square meters in the same section of “bb” block structure, 3,000 square meters in the same drawings, and 3,000 square meters in the roof part, 3,0000 square meters in the ship.”

The rent from July 20, 2015 for the instant land is KRW 1,400,300 per annum.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Gap evidence 4, appraiser F, and G's each entrustment of appraisal, the purport of the whole pleadings

2. According to the above facts, among the instant building owned by the Defendant, the instant land owned by the Defendant, “(1), 2, 3, 10, 9, and 1 indicated in the separate drawings, and 39 square meters of “A” portion of “A” portion of the instant building connected with each point in sequence of 1, 2, 3, 10, 9, and 39 square meters of “A” portion of the instant building, 20 square meters of the instant land connected with each point in sequence of 3, 4, 5, 6, 10, and 3 of the same drawings, and 20 square meters of the block section of “B” portion of the block structure, 3, 6, 7, 8, 9, 10, and 6 of the same drawings, the Defendant is obligated to remove the instant land and deliver the instant land to the Plaintiffs.

In addition, since part of the building of this case owned by the defendant exists on the ground of the land of this case owned by the plaintiffs, the defendant has no legal ground.

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