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(영문) 광주지방법원 2020.08.18 2019가단514844

건물등철거

Text

1. The Defendants are to the Plaintiff:

A. Reference Map No. 21, 22, 18, 19, 20, 8, 9, 10.1 of the attached Form No. 786 square meters in Gwangju Mine-gu.

Reasons

1. Basic facts

A. On March 3, 2015, I completed the registration of transfer of ownership with respect to H large 786§³ in Gwangju Mine-gu (hereinafter “instant land”), and the Plaintiff purchased the instant land from I on April 6, 2019 and completed the registration of transfer of ownership under that name on April 19, 2019.

B. The deceased J, among the land in this case, newly constructed or purchased a part of toilet (h) that connects each point of 21, 22, 18, 19, 20, 8, 9, 10, 11, and 21 of the attached reference drawings among the land in this case (hereinafter “the land occupied in this case”) on the land of 160 square meters in sequence connected with each point of 26,27, 28, 29, and 26 of the attached reference drawings among the land in this case (hereinafter “the land in this case”), which connects each point of 51 square meters in the attached reference drawings and 38, 39, 40, and 38 of the above reference drawings to each point of 51 square meters in the ship (hereinafter “each of the buildings in this case”). The land in this case was planted and planted on January 1, 198.

C. The deceased J died on July 30, 1996, and the deceased on January 14, 2007, the deceased on the part of the JJ, and the Defendants, as children of the deceased J and the deceased K, jointly succeed to the land occupied in this case and each building of this case, and obstacles to the above land occupied by the Defendants.

The amount equivalent to the rent for the land in this case shall be 3,90,135 won in total from March 3, 2015 to April 18, 2019, and 5,607,474 won in total from April 19, 2019 to June 5, 2020 (3,90,135 won in + 1,617,339 won in + 1,619,139), and the amount equivalent to the rent for the land in this case shall be 1,513,680 won in each year from June 6, 2020, and 126,140 won in total (1,513,680 won in ±12).

E. From March 3, 2015 to April 18, 2019, I transferred to the Plaintiff a claim for unjust enrichment equivalent to the rent incurred during the period from March 3, 2015 to April 18, 2019, and notified the Defendants of the transfer of the claim on May 10, 2019.

[Ground of recognition] A without dispute, Gap evidence 1 to 5, Eul evidence 1 to 1 (including paper numbers) and images, the result of the appraisal commission to the appraiser L by this court, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants are the Plaintiff.