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(영문) 광주지방법원 목포지원 2018.03.14 2017가단53072

건물등철거

Text

1. Defendant B and C jointly remove each of the buildings listed in the separate sheet to the Plaintiff, and Jeonnam-do G.

Reasons

1. Determination as to claims against Defendant B and C

A. 1) The Plaintiff is deemed to have obtained the recognition of the Plaintiff’s land of this case (hereinafter “the instant land”) from Jeonnam-si, Jeonnam-do.

As to Defendant B’s share 439.8/2 of the 595.2 (=as to Defendant C’s share 219.9/2 of the 595.2’s share), the registration of ownership transfer was completed on the ground of sale due to voluntary auction as of February 27, 2013 as of February 831, 2013. (2) Defendant B and C (hereinafter “Defendant B, etc.”) owned each building listed in the separate sheet (hereinafter “each building of this case”) on the land of this case by constructing each building on the land of this case and then occupying and using each building of this case by leasing it to others.

3) The Plaintiff filed a lawsuit against Defendant B, etc. seeking removal of each of the instant buildings at the court 2013da6405, and return of unjust enrichment equivalent to the transfer and rent of the instant land (hereinafter “previous lawsuit”).

In the above case, on February 21, 2014, Defendant B, etc. acquired legal superficies on the instant land for the use of each of the instant buildings, and dismissed the Plaintiff’s claim for delivery and removal of unjust enrichment equivalent to the Plaintiff’s rent, and at the same time, deemed that Defendant B, etc.’s claim for reimbursement of unjust enrichment equivalent to the Plaintiff’s rent is a claim for rent, and “Defendant B, etc. shall pay rent to each of the Plaintiff calculated at the rate of KRW 785,00 per month from February 27, 2013 to the termination of possession of the instant land or the Plaintiff’s loss of ownership,” and the above judgment was finalized on April 1, 2014 (hereinafter “previous judgment”).

4) Even after the previous judgment became final and conclusive, Defendant B, etc. did not pay the land rent to the Plaintiff.

【Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2, Gap evidence 4, the purport of the whole pleadings】

B. Two years for the judgment of the person with superficies as to the cause of the claim.