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(영문) 수원지방법원 여주지원 2018.11.28 2017가단54741

건물등철거

Text

1. The defendant shall be the plaintiff.

A. Of the 4,142 square meters in Yju-si, the attached appraisal marks 27 to 30, and 27 shall also be the same.

Reasons

1. Facts recognized;

A. On July 22, 2013, the Plaintiff completed the registration of ownership transfer with respect to the land indicated in the order (hereinafter in this case’s land), and the Defendant owns D 2,089 square meters adjacent to the instant land (hereinafter in this case’s adjacent land).

B. The Defendant owns an order-keeping facility and a warehouse installed on the surface of the land adjacent to the instant land. The warehouse part constructed on the instant land is a part of 16 square meters on board (ma), indicating the appraisal on the order, among the said land.

[Ground of recognition] A without dispute, entry or video of evidence Nos. 1, 2, 5 through 10, the result of this court’s commission of surveying and appraisal to the female branch office of the Korea Land Information Corporation, the result of fact inquiry to the female market of this court, the purport of the entire pleadings (including evidentiary number)

2. The assertion and judgment

A. 1) According to the above facts of recognition of the claim for removal of interference based on ownership, the Plaintiff may seek removal of the above waterworks and warehouse, delivery of the above land, and return of unjust enrichment from the possession of the above land by exercising the right of exclusion of interference based on ownership by owning the instant waterworks and warehouse. Meanwhile, since the Defendant did not answer the claim for removal of the waterworks installed in the main text, it shall be deemed that the Plaintiff led to the confession of this part of the claim in accordance with Article 150 of the Civil Procedure Act. 2) The amount of profit from the possession and use of the ordinary real estate within the scope of return of unjust enrichment is the amount equivalent to the rent of the real estate. In full view of the purport of the entire argument in the judgment of the court as to the request for removal of interference based on ownership, the sum of monthly rent from July 23, 2013 to October 12, 2018, and the amount of profit from the possession and use of the said real estate after the date of acquisition of ownership of the instant land by the Plaintiff.