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(영문) 대구지방법원서부지원 2020.12.02 2020가단1831

건물철거등

Text

The Defendant, as the Plaintiff

(a) remove the buildings listed in the separate sheet 2, and deliver the land listed in the separate sheet 1;

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner who acquired ownership by fully paying the sale price on November 15, 2018 after obtaining a decision to permit the sale of the land listed in the separate sheet 1 (hereinafter “instant land”). The Defendant is the owner of the building listed in the separate sheet 2 on the instant land (hereinafter “instant building”).

B. The amount equivalent to the monthly rent for the instant land shall be KRW 538,867 from November 19, 2018 to November 18, 2019; and KRW 523,133 from the following day to November 18, 2020; and the monthly rent shall be ratified as KRW 523,133.

【Fact-finding without dispute over the ground for recognition, entry of Gap evidence 1, result of an appraisal commission against appraiser D, purport of whole pleadings

2. According to the above facts of recognition, the defendant owned the building of this case and occupied the land of this case. However, the defendant did not have any assertion or proof as to the title to occupy the land of this case.

Therefore, the Defendant is obligated to remove the instant building to the Plaintiff, deliver the instant land, and return unjust enrichment calculated at the rate of KRW 538,000 per month from November 19, 2018 to November 18, 2019, as sought by the Plaintiff, within the scope of the amount equivalent to monthly rent, from November 19, 2018 to November 18, 2019, and from the next day to the completion date of delivery of the instant land.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.