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(영문) 수원지방법원 2015.03.26 2014가단25494

건물철거 등

Text

1. The defendant is against the plaintiffs:

A. The number of pages 1, 2, 3, 4, 5, 6, and 1 of the attached Form 1 drawings on the ground of 655 square meters in Sungsung-si.

Reasons

1. The Plaintiffs, on August 20, 2009, completed the registration of ownership transfer on the ground of sale on July 21, 2009 with respect to D large 655 square meters (hereinafter “Plaintiff-owned land”).

On June 3, 2002, the Defendant completed the registration of ownership transfer with respect to E large 536 square meters (hereinafter “Defendant-owned land”) and above-ground buildings.

However, among the buildings on the land owned by the Defendant, the (i) portion of the cement block string roof warehouse, 30 square meters, 7, 8, 9, 10, 11, 12, and 7 of the same drawings are successively connected to each of the (ii) parts of the building on the land owned by the Defendant and 15 square meters of land owned by the Plaintiff (hereinafter “the building owned by the Defendant”), which are built in line with the land owned by the Plaintiff.

On the other hand, among the land owned by the Plaintiff, the part ① part of 107 square meters is the site of the building owned by the Defendant, and the part ② part of 9 square meters is used as a road for the building owned by the Defendant, which connects each point of 3, 8, 9, 4, and 3 of the same drawing.

The sum of monthly rents from August 21, 2009 to December 22, 2014 with regard to the foregoing Attached Table 2 is KRW 7,345,040, and the monthly rents as of December 22, 2014 are KRW 118,380.

[Ground of recognition] Facts without dispute, Gap1 to 4 evidence, Gap6 evidence 1 and 2, the result of the survey and appraisal conducted by appraiser F, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant removed the building owned by the defendant from the plaintiff, and connects each point of the attached Form 1, 2, 3, 4, 5, 6, 7, and 1 among the land owned by the plaintiff to the plaintiff in sequential order among the items in attached Form 2, 1, 2, 3, 4, 5, 6, 7, and 1 among the land owned by the plaintiff, the part 2, 9 square meters in the ship connected each point of 3, 8, 9, 4, and 3, and 2, and 7,345,040 won in unjust enrichment and 118,380 won in December 23, 2014 to the removal date of the building owned by the defendant from December 23, 2014 to December 23, 2014.