beta
(영문) 대구지방법원포항지원 2020.03.31 2019가단103551

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

A. Of 2971m2, Nam-gu C Cemetery 2971m2, each of the table 53, 54, 55, 56, and 53 of the table 1 attached hereto.

Reasons

1. Determination as to the cause of claim

A. On November 13, 2018, the Plaintiff acquired ownership of 2971m2 (hereinafter “instant land”); the Defendant acquired ownership of the land adjacent to the instant land and the building adjacent thereto on July 24, 200; and the Defendant occupied the instant land with the same content as the attached drawing and indication since it acquired ownership of the land adjacent to the instant land on July 24, 200; the rent for the Defendant’s occupation (the amount that occurred after March 1, 2010 sought by the Plaintiff) is as shown in the attached Table; the fact that the aforementioned rent for the Defendant’s occupation (the amount that occurred after March 1, 2010 sought by the Plaintiff) is as shown in the attached Table; the former owner D, E, F, and G, who shared 1/4 shares of each of the instant land from September 2, 2005, transferred all the claims against the Defendant, and the Defendant’s completion of the transfer notification to the Defendant on February 19, 20200.

B. According to the above facts, the defendant who interferes with the exercise of ownership of the land of this case is obligated to remove each facility indicated in the annexed drawings to the plaintiff who is its owner and deliver the pertinent land, and pay unjust enrichment equivalent to the rent calculated at the rate of KRW 16,114,690, and the rent calculated at the rate of KRW 17,160,00,000, which occurred from March 1, 2010 to December 31, 2019, and from January 1, 2020 to the completion date of the removal and delivery.

C. The defendant asserts to the effect that he has the right to possess the land of this case, but there is no evidence to acknowledge it.

2. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.