beta
(영문) 제주지방법원 2016.12.15 2014가합6554

건물등철거

Text

1. The Plaintiff:

A. Defendant D, C, E, F, G, H, I, J, and K remove the buildings listed in Annex II Section 1, and Annex I.

Reasons

1. Determination as to Defendant D, C, E, F, G, H, I, J, and K (hereinafter “Defendant D, etc.”)’s claims

A. From April 20, 1972 to April 20, 1972, L with the display net L of the claim died after constructing a new building listed in attached Table 2 List 1, and the Plaintiff acquired the right to claim restitution of unjust enrichment on the said land from the former owner upon acquiring the ownership of the said land on December 15, 2013, Defendant D, etc., who is the inheritor of L, is obligated to remove the above land, remove the above land, deliver the land, and return the unjust enrichment equivalent to the rent from March 27, 2008.

B. Ground 1) Defendant D, E, F, G, H, and I: Judgment by deeming confession (Article 208(3)2, Article 150(3) and (1)2 of the Civil Procedure Act) Defendant C, J, and K: Decision by service by publication (Article 208(3)3 of the Civil Procedure Act)

2. Determination as to the claim against the defendant B

A. Fact 1) Attached Table 1 List 3 (hereinafter “instant land”).

On December 15, 2013, the ownership transfer registration was completed in the Plaintiff’s future on December 15, 2013. Meanwhile, the Plaintiff acquired the claim for return of unjust enrichment equivalent to the rent from March 27, 2007 against the owner of the instant land from the former owner of the instant land. 2) Defendant C newly constructed a building listed in attached Table 2 List 2 on February 19, 191 on the part of the instant land (applicable to Seopopopopo City M before annexation) and on October 15, 2012, the ownership transfer registration was completed on July 8, 2015, respectively. < Amended by Presidential Decree No. 23568, Oct. 12, 2012; Presidential Decree No. 23568, Jul. 12, 2012; Presidential Decree No. 26748, Jul. 8, 2015>

3) From October 15, 2012 to July 8, 2015, the sum of rent of 1,673 square meters of the site of the instant building listed in Attachment 2 List 2 List 2 is KRW 4,329,340, among the instant land. 4) Defendant B newly constructed a building listed in Attachment 2 List 2 List 3 and suspended as of the closing date of the instant pleadings.

[Grounds for recognition] without dispute;