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(영문) 대구지방법원경주지원 2015.07.14 2014가단3071

토지인도 등

Text

1. The defendant shall be the plaintiff.

(a) Of the 337 square meters in racing-si, each point of the attached Form No. 14, 15, 16, 13, and 14 shall be attached hereto.

Reasons

1. Facts of recognition;

A. On April 4, 2014, the Plaintiff completed the registration of ownership transfer with respect to the land of approximately 337 square meters (hereinafter “instant land”).

B. The Defendant is an owner of 156 square meters adjacent to the instant land. The Defendant is located in a bath room on one part of 6 square meters in the ship, which connects each point of 14, 15, 16, 13, and 14 of the instant land to the instant land, and connects each point of 13, 16, 17, 12, and 13 with each point of 13, 10, 11, 12, 17, 100 square meters in sequence, and the Defendant uses the portion of 16,00 square meters in the ship, which connects each point of 10, 11, 12, 17, 4, 6, and 10 each point of 16,000 square meters in order.

C. Of the instant land, the monthly rent of KRW 44,200 is the sum of KRW 1,200,000 from April 4, 2014 to May 3, 2015, which is the sum of KRW 26,00,00,000,00 for each of the said land possessed by the Defendant.

[Based on Recognition] 1-1, 2, and 4 of evidence Nos. 1-1, 3-1 through 4 of evidence Nos. 3-4, the result of the on-site inspection by this court, the result of the survey and appraisal by appraiser E, the result of the request for a clinical appraisal to the F Appraisal Office by this court, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to remove to the Plaintiff the bathing rooms on the ground part A of the instant land and the ground entrance on the ground part B of the said land, and deliver each part of the said Section A, 2, 3, and 44,200 won per month from April 4, 2014, which is the date of the Plaintiff’s acquisition of ownership, to the date of delivery of each part of the said land (the rent confirmed to be the same amount as that of May 4, 2015).

3. In conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition.