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(영문) 대구지방법원포항지원 2015.10.13 2014가단306102

건물철거 등

Text

1. The Plaintiff, Defendant A, Defendant A, Defendant B, Defendant B, Defendant B, KRW 5,528,071, Defendant C, Defendant C, Defendant D, and Defendant E, respectively.

Reasons

1. Facts of recognition;

A. On March 3, 2010, the Plaintiff completed the registration of ownership transfer with respect to F. 1,112 square meters (hereinafter “instant land”).

B. In the instant land before the Plaintiff acquired the ownership of the instant land, the Defendant A owned the land of the said Section (d) while owning the building on the ground of the section 12 square meters inside the ship (d) connected with each point of 7, 8, 20, 19, 18, and 7 in order to indicate the attached drawings, and the Defendant B owned the above Section (c) by owning the building on the ground of the section 6, 7, 18, 17, 16, and 6 of the same drawings. The Defendant B owned the building on the ground of the section 39 square meters in line with each point of 39 square meters in line with the indication of the same drawings. Defendant C, D, and E jointly occupied the above Section (c) by possessing the building on the ground of the block 31 square meters in line with each point of 4,5,6, 16, 15, and 4 of the same drawings.

(Defendant C 3/7 Shares, Defendant D, and E 2/7 Shares).

Plaintiff

On January 6, 2015, a successor intervenor completed the registration of ownership transfer with respect to the instant land from the Plaintiff.

[Ground of recognition] 1 to 5 evidence of Gap (including each number), the result of the request for surveying and appraisal to the chief of the Korea Intellectual Property Corporation's headquarters in Daegu Gyeong-Gyeong District Headquarters in the Republic of Korea, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition, Defendant A has the obligation to remove the building installed on the ground of the said section of land (d) to the Plaintiff’s succeeding intervenor, deliver the said section of land (d) to the Plaintiff and the Plaintiff’s succeeding intervenor, and return to the Plaintiff and the Plaintiff’s succeeding intervenor the amount of unjust enrichment equivalent to the profit from the use of the said section of land (d). Furthermore, according to the result of this court’s entrustment of appraisal of rent, the amount equivalent to the rent of the land (d) owned by the Plaintiff from March 4, 2010 to January 5, 2015 is the amount equivalent to the rent of the land (d) owned by the Plaintiff from March 4, 2010 to January 5, 2015, and the subsequent rent is the amount equivalent to KRW 1,700,945 annually.