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(영문) 인천지방법원 2017.08.24 2015가단209872

건물철거 등

Text

1. Defendant A:

A. Of the land listed in the separate sheet No. 1, the Attached Form No. 1, 2, 3, 26, 25, 4, 1.

Reasons

1. As to the cause of claim

A. Fact 1) The Plaintiff is the owner of each land listed in Section 1-B(b) of the Disposition, and the Defendant A occupies each land listed in Section 1-B(b) of the Order as the owner of each building listed in Section 1-A(a) of the Order. 2) The Plaintiff acquired each land listed in Section 1-B(b) of the Order on December 24, 2009, with respect to the land listed in the Attached List No. 1 as of October 5, 2009, with respect to the land listed in the Attached List No. 2 as of October 5, 2009, and completed the registration of ownership transfer with respect to the land listed in the Attached List No. 3 as of February 5, 2010

The amount of damages for unlawful acts, which is equivalent to the rent of each land as stated in the paragraph, shall be KRW 121,449,60, and the amount of damages for unlawful acts, which is equivalent to the rent of each month, shall be the same as the amount specified in paragraph (2) of this paragraph.

3) Defendants B, C, and D occupy each of the buildings listed in Section 3 of the Disposition. [The facts that there is no dispute over the grounds for recognition, the entries in Section 1, 4, and 6, the results of the appraiser E’s survey, the results of the appraiser F’s rent appraisal, the purport of the entire pleadings.

B. The judgment of the defendant A is based on the Disposition No. 1-B.

Order 1-A to the Plaintiff, the owner of the land indicated in the port.

The building described in paragraph (1) shall be removed, and this order shall be ordered

The land indicated in paragraph (2) shall be handed over, and the obligation to pay damages for unjust enrichment or tort equivalent to the monthly rent specified in paragraph (2) from May 3, 2017 to May 2, 2017, due to unjust enrichment or tort equivalent to the rent from the date following the date of acquisition of each ownership, and from May 3, 2017 to each date of delivery.

Defendant B, C, and D are the occupants of each building listed in paragraph (3) of the disposition, and are obligated to leave the said building.

2. As to Defendant A’s assertion

A. Defendant A’s assertion of the consent to land use is subject to the consent of land use from G, the owner of the land specified in attached Table 1, G, the owner of which was the owner of the land specified in attached Table 1.

Since a new building mentioned in the port was built, it cannot respond to the plaintiff's claim, and rather, it is against the plaintiff.