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(영문) 수원지방법원안산지원 2016.10.13 2014가단35457

건물철거 등

Text

1. The Appointor D shall be the Plaintiff:

A. An appraisal map in the attached Form No. 36, 37, 38, 39, on the ground of 3200 square meters in Ansan-si E, Ansan-si.

Reasons

1. Judgment on the plaintiff's claim

A. The following facts can be acknowledged in full view of the evidence No. 1-1 and No. 2, the F Corporation’s survey and appraisal results, and the purport of the entire pleadings by appraiser G as a result of appraiser G’s survey and appraisal.

① The Plaintiff is an owner of the Dongdae-gu E, Ansan-si, 3200 square meters (hereinafter “instant land”).

② From October 22, 2014 to October 22, 2014, the Appointor D is 143 square meters of the ice building (hereinafter “instant building”) in the area of the ice building (c) connected in sequence with each point of 36, 37, 38, 39, 40, 41, and 36 of the drawings on the ground of the instant land: Provided, That the indication on the registry is 78.6 square meters of the house of farming and fishing household in the Haak-gu, Ansan-si.

is the owner on the registry of the company.

③ On the ground of the instant land, the land of the instant building is attached to the instant building, and the land of the instant building, toilets, and the site of the church tower (hereinafter “instant site”) of the instant building (hereinafter “instant church tower”) connected each point of 42,43, 44, 45, and 42 in sequence, each point of 46, 47, 48, 49, and 46, indicated in the said drawings, are 3 square meters of the toilet section (ma), which connects each point of 46, 47, 48, 49, and 46; and is 27,28, 29, 30, 31, 32, 34, 34, 35, 36, 37, and 27, in sequence, connected each point of 327,000 square meters in the same drawings.

(4) Appointed D and Defendant (Appointed Party B) B jointly occupy the building of this case.

⑤ The amount equivalent to the monthly rent under the condition that no deposit exists from October 22, 2014 to March 21, 2015 on the instant site shall be 320,460 won.

B. Comprehensively taking account of the above facts of determination, the Appointor D occupied the instant site by owning the instant building, toilet, or church tower on the ground of the instant land, thereby hindering the Plaintiff’s ownership, which is the owner of the instant land, thereby gaining profit from the amount equivalent to the rent for the instant site and causing the Plaintiff to do so.