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(영문) 울산지방법원 2018.03.14 2015가단50780

건물등철거

Text

1. The Plaintiff A, B, and C, and the Ulsan-gu J forest of 8735m2:

A. Defendant E is (1) indicated in attached Form 3 as 616, 617, 627.

Reasons

The Plaintiffs jointly own each land indicated in the order (hereinafter referred to as the “instant land”).

The defendants have completed a move-in report with each house stated in the purport of the claim (hereinafter referred to as the "house of this case").

Therefore, at present, the Defendants are presumed to reside in the instant house.

The plaintiffs' respective claims against the defendants of this case are examined in the following order:

Part of the claim for restitution of unjust enrichment equivalent to building demolition, delivery of land, and rent: The plaintiffs filed a lawsuit against L, M, N, andO (hereinafter collectively referred to as "L, etc.") who reside together in the housing of this case with the same content as the claim of this case, and separated the above L, etc. as to the above L, etc., and entered into a lease contract for the land of this case under certain conditions and continued to reside in the housing of this case, and the decision of recommending settlement was finalized.

On the other hand, the plaintiffs' right to dispose of the housing of this case for which removal in this case is sought is only limited to L et al., and the defendants merely reside in the housing of this case or completed move-in report at least due to L et al.'s children and descendants

Therefore, the Plaintiffs cannot seek removal of the instant house against the Defendants who did not have the right to dispose of the instant house by removing the instant house, etc.

Furthermore, as above, a new legal relationship was formed by agreement between the plaintiffs and L et al. to continuously reside in the instant land in the instant housing by concluding a lease agreement on the instant land between the plaintiffs and L et al., so it is difficult for the plaintiffs to seek the delivery of the possessed land against

Since the portion of unjust enrichment equivalent to the rent was agreed smoothly with the plaintiffs, L, etc., the amount of unjust enrichment is not separately calculated against the defendants.

Part of the request for eviction: