beta
(영문) 인천지방법원 2017.08.10 2016가단225659

건물철거 등

Text

1. The Plaintiff:

A. Defendant A, (1) remove the buildings listed in paragraph 2 of the attached Table, and set out in paragraph 1 of the attached Table.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner who completed the registration of ownership transfer on June 8, 2007 with respect to the land (the instant land) listed in the attached list No. 1 of the attached list.

B. Defendant A is the owner of the building (the building in this case) indicated in the attached Table No. 2 (the building in this case) constructed on the land in this case since June 8, 2007, and Defendant B is the lessee of the second floor of the building in this case.

C. From June 8, 2007 to June 7, 2017, the sum of the rent equivalent to the instant land is KRW 50,435,05.

As of April 7, 2017, the amount equivalent to the monthly rent of the instant land as of April 7, 2017 is KRW 367,290, and thereafter the amount equivalent to the rent shall be confirmed as the same amount.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, the result of appraiser C’s rent appraisal, the purport of the whole pleadings

2. Determination as to the cause of action

A. Since Defendant A owned the instant building on the instant land owned by the Plaintiff without authority, Defendant A is obligated to remove the instant building and deliver the instant land.

In addition, Defendant A, by owning the instant building, obtains profits from the rent equivalent to the instant land without any legal cause and thereby causes damages equivalent to the same amount to the Plaintiff. As such, Defendant A, as sought by the Plaintiff, is obligated to pay the amount calculated at the rate of 50,435,05 won for unjust enrichment from June 8, 2007 to June 7, 2017 and the amount equivalent to the unjust enrichment from June 23, 2017 to June 10, 2017, which is the day following the delivery date of the application for modification of the purpose of the instant claim and the cause of the claim, to the extent or extent of the obligation, is reasonable for Defendant A to dispute as to the existence of the obligation to perform; 5% per annum under the Civil Act from August 10, 2017, which is the date the decision is made; and 20% from the next day to the day of full payment, calculated at the annual rate of 15% from June 8, 2017 to the completion date of the instant land.

B. Part of the claim against the defendant B