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(영문) 서울남부지방법원 2020.01.14 2018가단259033

건물등철거

Text

1. The Defendant (Counterclaim Plaintiff) E:

A. The annexed drawings among the real estate listed in the attached Table 2 (1) shall be prepared against the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit or counterclaim shall be deemed to be a same.

1. Basic facts

A. As to the land of Gangseo-gu Seoul Metropolitan Government 218 square meters (hereinafter “instant land”), the Plaintiffs own 3/10 of each of the Plaintiff A and B, and the Plaintiff C and D own 2/10 of each of each of them.

In addition, Defendant E is a person who completed the registration of ownership transfer on the instant land on October 12, 2006, the Gangseo-gu Seoul Metropolitan Government H large 23 square meters adjacent to the instant land, and is the owner of an unauthorized building constructed on the said H large 23 square meters land (hereinafter “instant unauthorized building”), and Defendant F is a person who leased the said unauthorized building from Defendant E.

B. The above unauthorized building owned by Defendant E is built on the part of 23 square meters in part (b) in the ship (hereinafter “instant part”) connected each point of the attached Form Nos. 7, 9, 10, 11, 12, 13, 14, 5, 6, 7 among the real estate listed in the attached Table Nos. 2.

In addition, the rent for the part of the crime in this case is KRW 26,520,000, which is the sum from June 20, 2008 to June 19, 2018 after Defendant E completed the registration of ownership transfer with respect to the 23 square meters of the above H large 23 square meters. The rent for the crime in this case is KRW 269,000 on August 28, 2019, which is close to the date of the completion of the pleadings in this case.

[Ground of recognition] Gap evidence Nos. 1 through 11, Eul evidence Nos. 1 through 6 (including the number of branches) and images; the result of this court's request for surveying and appraisal of the Seoul Regional Headquarters of the Korea Land Information Corporation for the Seoul Regional Headquarters of the Seoul Regional Headquarters of the Republic of Korea; the result of appraiser I's appraisal of rent; the purport of the whole pleadings

2. According to the above facts of recognition as to the claim of the principal lawsuit, Defendant E removes an unauthorized building constructed on the part of the instant crime and delivers the relevant part of the land. By June 19, 2018, the claim of this case is to be served on Plaintiff A, Plaintiff C, and Plaintiff C, as the unjust enrichment of the leased party until June 19, 2018, each of the costs of KRW 7,956,00 (the costs of KRW 26,520,000 x each of the interests of the said Plaintiffs 3/10), and to Plaintiff C, and D, respectively, KRW 5,304,00 (the costs of KRW 26,520,00 x each of the above Plaintiffs 2/10) and the application for alteration of the claim of this case as sought by the Plaintiff.