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(영문) 춘천지방법원속초지원 2016.02.17 2014가단11415

건물등철거

Text

1. The defendant shall be the plaintiff.

A. Of the land size of 51 m2 in Sincho-si, each point of the attached Form No. 4, 5, 16, 15, and 4 shall be in sequence.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff is the owner of C. C. 51 square meters (hereinafter “instant land”). The Defendant, among the instant land, is the owner of a building on the ground D. B. 8 square meters (hereinafter “instant warehouse”) above the ground D. 4, 5, 16, 15, and 4 square meters (hereinafter “instant site”). The rent for the instant site is 109,100 won (including the total number of 9,100 won) from September 20, 201 to September 19, 201, and the total number of 10,100 won from September 20, 201 to September 10, 201 to September 19, 201, including the Plaintiff’s total number of 10,100 won from September 10, 201 to September 3, 19, 2010 to September 10, 2010 to September 3, 2019.

B. Determination 1) According to the above facts, barring any special circumstance, the defendant is obligated to remove the warehouse of this case, deliver the site of this case to the plaintiff, and return unjust enrichment equivalent to the rent due to the possession and use of the above site. 2) However, in full view of the entry of evidence No. 2, witness E, witness E’s testimony and pleading, E, who was the owner of the land prior to the division of the land of this case, was in a sectionally owned co-ownership relationship by specifying the site of each part of the building which was owned by each co-owner and each co-owner (However, E did not sell the site of this case, which is the warehouse of this case, to the defendant, and therefore, owned ownership of the above part is still E).