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(영문) 의정부지방법원 2014.11.26 2013가단41400

건물철거 등

Text

1. The defendant

(a) Of the land listed in the separate sheet No. 1, each point of the attached sheet No. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On July 10, 2013, the Plaintiff acquired land Nos. 1 and 2 as indicated in the separate sheet (hereinafter “each of the instant land”).

B. The Defendant owns 1/2 shares among the buildings listed in the same list No. 3 (hereinafter “instant building”) on each of the instant land, and successively connects each point of the items indicated in the annexed list No. 1 among the land listed in the same list No. 1, and installs iron stairs to the (f) part of the attached list No. 13, 12, 11, 10, 10, and 7 with each point of the same map No. 10, 22, 21, 21, 9, and 10 among the land listed in the same list No. 1, each of which connects each point of the same list No. 1 among the land listed in the same list No. 3 (hereinafter “instant building”), and uses each parcel of land (b) part No. 13, 12, 11, 10, 221, 23, and 13 in sequence connected each point of the same list No. 2.

[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1, result of on-site verification by this court, appraiser C's result of survey and appraisal, purport of whole pleadings

2. Determination

A. According to the facts established on the basis of the determination of the cause of the claim, barring any special circumstance, the Defendant, as the owner of each of the instant lands, has the duty to remove the aforementioned steel stairs and steel plates, deliver the occupied land parts, and return the occupied land unjust enrichment equivalent to the rent.

B. On the judgment of the defendant's defense, the defendant asserts that the defendant has legitimate authority to use each of the land of this case since he leased the building of this case from D with statutory superficies for the purpose of owning the building of this case, and acquired 1/2 of its shares, and the defendant also has the above legal superficies as to each of the land of this case, and the amount equivalent to the rent for the land of this case has been continuously repaid on the premise thereof.

Therefore, it is therefore.