건물등철거
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 91,596,706 and its amount from July 13, 2016 to August 23, 2016.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On February 26, 198, the Plaintiff completed the registration of ownership transfer on the ground of sale conducted on February 6, 1988, with respect to the Daejeon-gu Daejeon-gu 254.5 square meters (hereinafter “instant land”).
B. On February 26, 198, the Defendant, who is the Plaintiff, completed the registration of transfer of ownership on the ground of sale on February 6, 1988, with respect to the land in this case and the land adjacent thereto (hereinafter “previous building”).
C. On February 6, 1988, the Plaintiff and the Defendant concluded a lease contract with Nonparty E by setting a deposit amount of KRW 45,00,000,000 for the instant land, adjacent land and previous buildings located on its ground, the lease term of KRW 135,00 from February 15, 1988, and KRW 50,000 per month for rent.
The defendant removed the previous building on July 8, 2015.
[Ground of recognition] Facts without dispute, Gap 1 through 4, 6, 10, 11, 13 items, and the purport of the whole pleadings
2. Judgment on the plaintiff's main claim
A. The Plaintiff’s assertion: (a) purchased the previous building on the instant land on February 6, 198; and (b) occupied and used the instant land owned by the Plaintiff for about 329 months from the time around that time until July 8, 2015, which was removed from the previous building; (c) accordingly, the Plaintiff’s claim was stated in paragraph (3) that the Plaintiff filed a claim for return of unjust enrichment for the period from February 6, 1988 to July 8, 2015, from the date when the previous building was removed to July 8, 2015, the amount equivalent to the rent for the purpose of claim and alteration of the cause of claim, which was submitted by the Plaintiff at the date of pleading, was added to the amount equivalent to the amount of unjust enrichment for the period from February 6, 1988 to the date when the claim was submitted.
There is an obligation to refund damages for delay.
B. A building without authority on the land owned by another person, which determines the cause of the claim.