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(영문) 창원지방법원통영지원 2015.05.19 2014가단10389

건물등철거

Text

1. The defendant shall be the plaintiff.

A. Of the 359 square meters in Dong-si, Gyeong-si, Gyeong-do, Gyeong-si, Gyeong-do, the annexed map No. 15, 16, 17, 18, 19, 20, 21, 22.

Reasons

1. Basic facts

A. On July 21, 2014, the Plaintiff purchased the said land in the case of application for compulsory auction for real estate E with the Changwon District Court for the joint sale of real estate, which had been registered as D and registered as D (hereinafter “instant land”) in the 359 square meters prior to C, Dong-si, Do, Dong-si, Dong-si (hereinafter “instant land”). The Plaintiff completed the registration of ownership transfer on July 28, 2014.

B. The defendant is entitled to 1-A of the disposition on the land of this case.

Of the buildings indicated in the paragraph (hereinafter referred to as the “instant building”), the registration of preservation of ownership for the remaining unregistered buildings of 36 square meters in the area of the land located within the territory of the Republic of Korea (hereinafter referred to as the “land”) among the buildings indicated in the attached Form No. 23, 24, 25, 26, and 23 are completed, and the remaining unregistered buildings are registered as owners in the building management ledger, and are used as the entire land of this case as the site.

C. In the event that land equivalent to the instant land is leased, the rent is KRW 107,700 per month from July 29, 2014 to the time of the closing of the instant argument.

【Ground of Recognition】 Evidence Nos. 1, 4, and 1 and 2, each entry of Evidence Nos. 1 and 2 of this Court, the result of this Court’s request for survey and appraisal to the branch offices of the Korea Cadastral Corporation, and the result of a request for voluntary appraisal, the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the facts of determination as to the cause of the claim under paragraph (1), the Defendant, without any legal ground, obtained unjust enrichment equivalent to the rent and infringing the Plaintiff’s ownership by using the Plaintiff’s land as the site of the instant building, and thus, the Defendant is obligated to remove the instant building and deliver the part on which the instant building is constructed, as sought by the Plaintiff, and return the unjust enrichment equivalent to the rent calculated at the rate of KRW 107,700 per month from July 29, 2014 to the delivery date of the said land from July 29, 2014 to the delivery date.

B. The defendant's assertion and judgment on it are one of the defendant's 1, and the land of this case is the members of the defendant church.