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(영문) 전주지방법원 2015.09.09 2015가단11177

건물등철거

Text

1. The defendant shall be the plaintiff.

A. Attached appraisal on the land of 380 square meters in Jeollabuk-gun, Jeollabuk-do, Jeollabuk-do, shall be indicated in 18,2,19,20,10,000 square meters.

Reasons

1. Facts of recognition;

A. On April 2, 2015, the Plaintiff acquired ownership of B large 380 square meters in Jeollabuk-gun, Jeollabuk-do (hereinafter “instant land”).

B. From the time the Plaintiff acquired the ownership of the land of this case to the date of the closing of argument in this case, the land of this case is located in the following order: (a) part 26 square meters in the warehouse (Ga) connected in order to each point of 18,2,19,20,10,10,21,18 of the attached Table No. 18; and (b) part 145 square meters in the housing unit (Na) connected in order to each point of 22-32,22 of the attached Table No. 22,22 of the attached Table No. 145; and (c) part 11 square meters in the attached Table No. 333-40,333 of the attached Table No. 1443, the attached Table No. 17,16,15, 14, 13, and 12 of the appraisal sheet owned by the Defendant; and (c) the Defendant is located in each of the attached Table No. 1,18,231,29,2137,21,2134,27.

C. As to the part of the instant possession, the amount equivalent to the monthly rent after April 2, 2015, the Plaintiff acquired ownership, is KRW 98,166.

[Ground of Recognition] A without dispute, entry of Gap evidence Nos. 1 through 3, the result of this court's commission of surveying and appraisal to the chief director of the regional headquarters before the Korea Land Information Corporation, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Defendant owned the instant structure on the ground of the instant land owned by the Plaintiff, and occupied the instant part of the instant land without title, obtained profit equivalent to the rent for the said part of the instant land, and thereby inflicted damages on the Plaintiff equivalent to the same amount. Thus, barring any special circumstance, the instant structure is removed, delivered the instant occupied part, and the Plaintiff transferred the instant occupied part, and April 2, 2015, which is the date of acquisition of the Plaintiff’s ownership.