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(영문) 창원지방법원통영지원 2015.04.14 2014가단10525 (1)

건물등철거

Text

1. The plaintiff

A. Defendant B, F, and G each month from January 1, 2015 to the date of delivery of 116 square meters in Si-Gu, Do, Y-si, Do, Y-si, Y-si, Do.

Reasons

1. Indication of claim;

A. On August 14, 2014, the Plaintiff purchased the pertinent land from the Korea Asset Management Corporation through a public auction procedure for HJ large 116 square meters (hereinafter referred to as “instant land”) in Gyeongnam-do, Do, Do, and completed the registration of ownership transfer on September 30, 2014.

B. The Defendants inherited the instant land from I as shown in the summary of the attached inheritance shares. Defendants B, F, and G owned 3/15 shares of the said housing, Defendant C, D, and E owned 2/15 shares of the said housing, and used the instant land as the site. The monthly rent of the instant land is KRW 378,00,00.

C. The remaining Defendants, other than Defendant D, are obligated to pay to the Plaintiff the money indicated in the corresponding column of claim amount corresponding to the portion of inheritance among unjust enrichment equivalent to the rental fees, from January 1, 2015 to the delivery date of the instant land, as the Plaintiff seeks, and Defendant D, from October 1, 2014 to December 31, 2014, the Plaintiff acquired the Plaintiff’s ownership, 151,200 won in the amount equivalent to the portion of inheritance among unjust enrichment equivalent to the rental fees of the instant land from October 1, 2014 to December 31, 2014, and the delay damages thereof, and the money indicated in the corresponding column of claim amount corresponding to the portion of inheritance from January 1, 2015 to the delivery date of the instant land.

2. Applicable provisions;

(a) Defendant 1, 2, and 4 through 6: Articles 208(3)1 and 257 of the Civil Procedure Act (Judgment without holding any pleadings);

B. Defendant 3: Article 208(3)3 of the Civil Procedure Act (Decision by public notice)