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(영문) 부산지방법원 2017.02.17 2016가단339104

건물등철거

Text

1. The defendant shall be the plaintiff.

A. Of the land size of 638 square meters in Kimhae-si, the annexed map No. 11, 12, 13, 14, 15, 37, 36, 35, 34, 33, 32.

Reasons

1. The following facts may be acknowledged by taking into account the following facts: Gap evidence Nos. 1 to 3 and Eul evidence No. 1; the result of this court’s commission of measurement and appraisal to the Korea Land Information Corporation; and the purport of all pleadings as a result of a commission of survey and appraisal to the country’s appraisal corporations of a stock company.

On August 30, 2005, the Plaintiff acquired ownership of 638m2 (hereinafter “Plaintiff’s land”).

B. B. The Defendant owned two-story factories of the general steel structure, sand site, location panel, etc. adjacent to the Plaintiff’s land prior to the Plaintiff’s acquisition of the above ownership, and the two-story factories of the general steel structure, light steel structure, sand position panel, sand site, etc., one-story office, light steel structure, sand location panel, sand location panel, etc., and a shower room and toilet (hereinafter “the Defendant’s building”). At the time, some of the Defendant’s building parts among the Defendant’s building and the block, fence, and concrete retaining wall connected each point of the instant land indicated in the Map No. 11, 12, 13, 14, 15, 37, 36, 35, 34, 33, 32, and 11, and constructed and constructed the “b” part of the instant land (hereinafter “instant land”).

Meanwhile, during the period from September 1, 2006 to August 31, 2016, total rent of the instant land is KRW 437,616, and monthly rent of the instant land from September 1, 2016 is KRW 5,535.

2. According to the facts of the above recognition, the defendant continued to occupy the land of this case owned by the plaintiff since the time of the plaintiff's acquisition of the above ownership, and suffered the plaintiff's loss equivalent to the rent of the land of this case and gain the same amount of profit.

I would like to say.

Therefore, the Defendant, as seen above, removed the part of the Defendant’s building that was built or built upon the instant land, and the block, fence, and concrete retaining wall, respectively, as well as the delivery of the instant land, as sought by the Plaintiff, for the period from September 1, 2006 to August 31, 2016, and as claimed by the Plaintiff, KRW 437,616 equivalent to the rent.