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(영문) 서울서부지방법원 2016.06.10 2015가단216478

토지인도

Text

1. The Defendants are to the Plaintiff:

A. Of the size of 143 square meters in Mapo-gu Seoul, the number of pages 5, 6, 7, 8, and 5 are indicated in the attached Form 1 drawings.

Reasons

1. Facts of recognition;

A. On October 19, 201, the Plaintiff is a person who acquired ownership of the Mapo-gu Seoul Mapo-gu 143 square meters (hereinafter “instant land”).

B. The Defendants are co-owners who own 1/3 shares of F. F.182 square meters adjacent to the instant land (hereinafter “instant Defendant’s land”) and their ground buildings (hereinafter “instant Defendant’s building”).

C. Among the Defendant’s buildings in this case, the part corresponding to the plastic roof installed on the line connecting each point of the items in the order of priority indicated in drawings Nos. 5, 6, 7, 8, and 5, the main text columns installed on the line connecting each point of the said drawings Nos. 9, 10, and 11, 12, 13, 14, and 11 in the order of priority indicated in drawings No. 1, 15, and 16, the fence installed on the line connecting each point of the said drawings No. 15, 6, 7, 8, and 5 in the order of priority indicated in drawings No. 17, which is located on the ground of the instant land erosion.

C. As indicated in paragraph (1), the area of the land owned by the Defendants’ facilities in possession of the instant land is the area of 16 square meters in the ship that connects each point of the attached Form 1, 2, 3, 4, and 1 in sequence, indicated in the attached Form 2 (hereinafter “the area occupied in this case”).

E. As to the occupied portion of the instant case, the sum of the rent from October 19, 201 to February 1, 2016 (hereinafter “base date”) near the date of the closing of argument in the instant case is KRW 8,442,50 (hereinafter “total rent arising during the instant period”). As of February 1, 2016, the monthly rent is KRW 185,30 (hereinafter “base monthly rent”) and the subsequent monthly rent is presumed to be equal to the said amount.

【No dispute over the basis of recognition”, the entries in Gap 1 through 6, 7-1, 7-2, and 10, the results of the survey and appraisal by appraiser G (Ma-gu Seoul Metropolitan Government Headquarters of Korea National Land Information Corporation), and the results of the appraisal by appraiser G (Ma-gu Seoul Metropolitan Government Headquarters of Korea National Land Information Corporation), the Co.