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(영문) 수원지방법원 2019.09.04 2019가단525135

건물등철거

Text

1. The defendant shall be the plaintiff.

(a) remove the buildings listed in paragraph 2 of the attached list, and the land listed in paragraph 1 of the attached list;

Reasons

1. On February 19, 2019, the Plaintiff acquired ownership of the land listed in attached Table 1 (hereinafter “instant land”).

The Defendant is the owner of the building listed in paragraph (2) of the attached Table No. 1 of the attached Table No. 1 (hereinafter “instant building”) among the instant land, and is occupying and using the instant land.

(A) Therefore, the Defendant is obligated to remove the instant building to the Plaintiff and deliver the instant land to the Plaintiff.

2. According to the above facts, the defendant is obligated to return unjust enrichment equivalent to the rent to the plaintiff. The rent shall be calculated by multiplying the basic price of the land by the expected interest rate, and the expected interest rate shall be in accordance with the Land Compensation Evaluation Guidelines.

Attached Form

In the calculation of 4% per annum (for the plaintiff, 5% per annum) and 2% per annum with respect to the land (farmland) in Annex 1-A, C (site and road) and Annex 1-B (farmland) in Annex 1, the defendant is obligated to pay to the plaintiff an amount equivalent to 142,961 won per annum from February 19, 2019 to the completion date of the delivery of the land in this case.

[Calculation] Attached List 1-A, (c) 32,480,00 won (A5) x (A) 20,817,00 won (A5) x 0.02 = 1,715,540 won 1,715,540 won / 12 months = 142,961 won

3. The plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.