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(영문) 대구지방법원서부지원 2015.09.10 2014가단17293

건물철거 및 토지인도

Text

1. The defendant is against the plaintiff, and 2,164 square meters of land for factory in Daegu-gu C:

(a)each indication 5, 6, 7, 9, and 5 of the attached Table (i.e., appraisal);

Reasons

1. Basic facts

A. On May 6, 2010, the Plaintiff purchased 2,164 square meters of land for factory in Daegu-gu, Daegu-gu (hereinafter “instant land”) from Boraman International, and completed the registration of ownership transfer on June 24, 2010.

B. Of the instant land, a fence owned by the Defendant is installed on the ground (b) section 19 square meters (hereinafter “the occupied part of this case”) that connects each point of the attached Table 5, 6, 7, 9, and 5, in turn, the appraisal of which is indicated on the instant land. The part “B” and “D” as indicated on the attached Table Domen Dom Dom Do. The number of trees owned by the Defendant is serious, and the attached Form Dom Dom Dom appraisal is also indicated on the attached Table Dom Dom Dom Dom Do.

(hereinafter referred to as “instant obstacles” by combining fences, trees, ventilation, advertising boards, etc.

The sum of the rent from June 24, 2010 to June 23, 2014 regarding the occupied portion of the instant case is KRW 3,330,320, and the monthly rent after June 24, 2014 is KRW 102,536.

[Ground for Recognition: Unsatisfy, Gap evidence 1 to 5 (including each number; hereinafter the same shall apply)

(i)each entry, the result of the request for surveying and appraisal to the deputy governor of the Korea Cadastral Survey Corporation in this Court and the result of the request for supplementation of appraisal, the result of appraisal of appraiser D’s fee, the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to remove or collect the obstacles of this case on the ground of the part occupied in this case, deliver the part occupied in this case to the plaintiff, and return unjust enrichment from the possession of the part occupied in this case.

Furthermore, regarding the scope of unjust enrichment, the sum of the rent from June 24, 2010 to June 23, 2014 is KRW 3,330,320, and the rent from June 24, 2014 to June 23, 2015 is 102,536. As seen earlier, the fact that the rent from June 24, 2014 to June 23, 2015 is 102,536 is as follows. Since the rent from the occupation of this case is confirmed to the same, the Defendant is ratified to the Plaintiff. Accordingly, from June 24, 2014 to June 24, 2014.