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(영문) 의정부지방법원고양지원 2014.02.06 2012가단34439

건물철거 등

Text

1. The Defendant was in the middle of 408 square meters in the case of strike to Plaintiff A, B, C, and Plaintiff D’s successor Intervenor E:

(a) an indication of the attached drawing 14.

Reasons

In full view of the facts without dispute over the determination of the cause of the claim, Gap evidence Nos. 1, 2, 5, and 7, Eul evidence Nos. 1, Eul evidence and images, appraiser H's survey and appraisal results, and the whole purport of the pleadings by appraiser I, G G 408 square meters (hereinafter "the land of this case") were owned by the non-party J. When J died on March 6, 2012, the plaintiff D, A, B, and C acquired 1/4 shares among their successors. On October 5, 2012, the plaintiff D's successor (hereinafter "the plaintiff") completed the registration of ownership transfer on their own shares (1/4) among the land of this case, and completed the registration of ownership transfer on the land of this case, and the defendant occupied the part of the land of this case 249 square meters of land of this case (hereinafter "the land of this case"), and the part of the land of this case owned by the defendant Nos. 971 and 249 (hereinafter "the land of this case").

Judgment

According to the above facts, the defendant is obligated to remove the facility of this case to the plaintiffs and deliver the part occupied by the defendant to the plaintiffs A, B, and C, and to pay unjust enrichment equivalent to the rent calculated by the ratio of the 69,497 won (27,990 won/4) per month from March 6, 2012 when the plaintiffs acquired shares in the land of this case to the plaintiffs E, and from October 5, 2012 to the completion date of each of the above obligations.

As to the Defendant’s assertion, the Defendant concluded a lease agreement on the instant land with K, the former owner of the instant building, and the Defendant purchased the instant building from K around 1989 and purchased it from K, which is the Plaintiff C, the son of J.