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(영문) 수원지방법원 2016.02.25 2015가단117383

건물등철거

Text

1. The defendant shall be the plaintiff.

A. The attached appraisal map 1,38,39,40,35, 36, 37, 42, among the land for a factory in Osan-si, Osan-si.

Reasons

D on October 15, 1987, the registration of ownership transfer was completed with respect to C,362 square meters of land for factory (hereinafter “instant land”); D, to E, 40/100 of the instant land, to F, 40/100 of the instant land; to the Plaintiff; to the Plaintiff; to the Plaintiff; to the Plaintiff; to the Plaintiff; to 10/100 of the instant land; and to the Plaintiff; to the Plaintiff; to 10/100 of the said shares; on May 7, 2010, the registration of ownership transfer was completed in the name of several witnesses; and the Defendant’s order 1. A.

The fact that the aforementioned part is occupied by installing a fence and a building on the ground of 25 square meters in a ship as indicated in the port (hereinafter “the occupied part”), the sum of rent for the occupied part of this case from June 1, 2010 to November 20, 2015 is KRW 3,013,260, and the monthly rent for the occupied part as of November 20, 2015 is KRW 51,820, and the fact that the monthly rent for the occupied part as of November 20, 2015 does not conflict between the parties, or that there is no dispute between the parties, or that there is a result of the appraiser H’s appraisal of the rent for rent for rent for rent for the appraiser I.

Therefore, the Defendant, as the co-owner of the instant land, has the obligation to remove the building and fence owned by the Defendant, installed in the instant part of possession, and pay the amount calculated by the ratio of KRW 1,205,304 (=the aforementioned KRW 3,013,260 x 40/100 (the Plaintiff’s share)) and from November 21, 2015 to November 20,728 (i.e., KRW 51,820 x 40/100) from the expiration date of possession of the instant part of possession or the date of loss of Plaintiff’s ownership.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition by the assent of all.