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(영문) 서울서부지방법원 2013.06.11 2012가단28540

건물철거

Text

1. The Plaintiff:

A. Defendant C shall remove No. 102 of the 1st floor listed in the separate sheet No. 1 and the land listed in the separate sheet No. 2.

Reasons

1. Facts of recognition;

A. On the land listed in the separate sheet No. 2 (hereinafter “instant land”), the aggregate building listed in the annexed sheet No. 1 (hereinafter “instant aggregate building”) is constructed, which is a multi-household housing consisting of ten households with a total of 10 stories of the fourth floor above the ground of the ground that is used as the site.

The Plaintiff is the owner of the instant land.

The Defendants are the owners of each section of exclusive ownership listed in the separate sheet No. 1 (the indication of each section of exclusive ownership to be removed by the Defendants) among the instant aggregate buildings.

B. After acquiring the instant land on August 5, 2003, at that time, the Plaintiff filed a claim for return of unjust enrichment equivalent to rent with the Seoul Western District Court 2004Gahap2793 against the owner of each section of exclusive ownership among the instant condominiums on the ground. In the instant case, a decision of recommending reconciliation was finalized to the effect that “the owner of each section of exclusive ownership shall pay to the Plaintiff, who is the owner of the instant land, the land of exclusive ownership, the amount equivalent to the following rent.”

After that, the Plaintiff filed a claim for the return of unjust enrichment equivalent to the rent with the Seoul Western District Court 2008Da18720 against each owner of 102, 202, and 301 whose owner changed, and in the above case, the judgment became final and conclusive to the effect that “each owner of each section for exclusive use shall pay to the Plaintiff, who is the owner of each section for exclusive use, the following rent:

The amount of unjust enrichment equivalent to Defendant 101 who was the owner of the above case as of 2004Gahap2793, 2008Gadan18720, and the amount of unjust enrichment equivalent to Defendant 101, B, B,37,509, Defendant B, 102, Nonparty J. 394,106, Nonparty C200, Defendant C201, Nonparty C201, Nonparty C203, Nonparty C202, Nonparty C, 393,698, Nonparty C202, Nonparty N. 393,69,656, Defendant D301, Defendant D315,946, Defendant 416, Defendant H. 202, Defendant H. 36, Defendant H. 4136, Defendant G2, Defendant H. 4136, Defendant G. 41, Defendant H. 305, Defendant H. 136, and Defendant G2, Defendant 4135.