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(영문) 대전지방법원논산지원 2019.01.31 2018가단407

시설물철거 등

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1. The Defendants are to the Plaintiff:

A. Of the area of 458 square meters in Chungcheongnam-gun J, Chungcheongnam-gun, Chungcheongnam-gun, the attached appraisal marks 1, 2, 3, 4, 5, 6, and 1 are as follows.

Reasons

Facts of recognition

On July 19, 2017, the Plaintiff was awarded a successful bid of J 458 square meters (hereinafter “instant land”) in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and completed the registration of ownership transfer on July 25, 2017.

The deceased K newly built and owned a sales unit of 18 square meters in the ship that connects each point of 65 square meters of the attached Table 7, 8, 9, 10, 11, and 7 with the appraisal map on the land of this case and that of the attached Table 1, 2, 3, 4, 5, 6, and 1 in sequence connected each point of 65 square meters of the attached Table 1, 2, 3, 4, 5, 6, and 1 (hereinafter “instant sales unit”). The entire land of this case was occupied and used as the site of the above building and the instant sales unit.

The rent due to the use and profit-making of the instant land is KRW 2,461,00 in total from July 25, 2017 to September 30, 2018, and the monthly rent as of September 30, 2018 is KRW 176,380 in total.

On April 26, 2015, the deceased K died, and there are the Defendants, who are their children.

【Defendant E and C: A without dispute, each entry in Gap evidence 1 through 4, the survey appraisal commission of this court, and the entrustment of the appraisal of rent, the remainder of the purport of the entire pleadings: The defendants are obligated to remove the sales stand of this case and deliver the land of this case to the plaintiff who is the owner of the land of this case according to the above facts of recognition.

On the other hand, in ordinary cases, the amount of unjust enrichment from the use and profit-making of real estate shall be the amount equivalent to the rent for the relevant real estate. According to the above facts of recognition, the defendants are obligated to pay to the plaintiff the amount equivalent to the rent for each of 307,625 won (the total amount of the defendants 2,461,00 won) from July 25, 2017 to September 30, 2018.

In addition, the rent from October 1, 2018 on the instant land is ratified to be the same amount as KRW 176,380, which is the monthly rent as of September 30, 2018 on the said land. Therefore, the Defendants are the date of completion of the Defendants’ possession of the instant land from October 1, 2018 to the Plaintiff.