건물철거 등
1. The defendant shall be the plaintiff.
A. 1 The attached appraisal shall also be made on the land of 641m2 and 684m2 on the land of Gyeonggi-gun C river and 684m2 before D.
1. The facts of recognition are: (a) during the auction on August 8, 2013, the Plaintiff is the owner who purchased a 641 square meters of Gyeonggi-do river, 641 square meters of Gyeonggi-do, E previously 8,289 square meters of land, F river 6,793 square meters of land, and 684 square meters of land prior to D; and (b) the Defendant owns each of the facilities listed in the order of each of the above land (hereinafter “facilities of this case”) without dispute between the parties concerned; or (c) according to the results of the appraiser G’s survey and appraisal.
2. Although the Defendant purchased each of the above land and claimed that it is the legal superficies established in the instant facility with the previous registration titleholder after completing the registration of ownership transfer to H, the previous registration titleholder. However, there is no evidence to acknowledge that the Defendant, who is not the registration titleholder of each of the above land, has a legitimate title to occupy the land or a building, which requires the ownership of the same person.
Therefore, the Defendant, who occupies the land owned by the Plaintiff, is obligated to remove the instant facilities, deliver the part of the land, and return the amount equivalent to the profit from the use of the land in possession as unjust enrichment.
With respect to the amount of unjust enrichment to be returned by the defendant, the amount of profit from the possession and use of the real estate is the amount of money equivalent to the real estate in general.
According to the appraiser I's appraisal of rent, the sum of rent from August 8, 2013 to August 7, 2014 for the land portion of the instant facility is KRW 844,670 and the rent as of August 7, 2014 can be recognized as constituting 70,390. Since it is confirmed that the rent thereafter is the same amount, the amount of unjust enrichment to be returned by the Defendant is calculated at the rate of KRW 844,670 and KRW 70,390 per month from August 8, 2014 to the completion date of delivery.
Plaintiff
The difference between the claim amount and the access road seems to be the part indicated in the attached Form.
3. The plaintiff's claim for conclusion is above.