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(영문) 부산지방법원 2015.11.05 2015나2819

건물철거및 토지인도

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Paragraph 1-A of the judgment of the court of first instance.

Reasons

The reasoning for this Court's explanation is as follows, and this Court's decision is identical to the judgment of the court of first instance except for the following [Article 420 of the Civil Procedure Act].

The grounds for the judgment of the court of first instance are from 14th to 17th day of the same party.

D. Of the instant land, rent of KRW 1,478,462 for 37 square meters from March 21, 2012 to June 13, 2013 is KRW 1,923,00 among the instant land x 32/22 x 37/70 square meters, and monthly rent is KRW 169,911 (i.e., monthly rent for 22/32 shares of the instant land x 32/32 x 37/70 square meters).

The reason for the judgment of the court of first instance is that the portion equivalent to the plaintiff's ratio of shares out of the amount equivalent to the rent for the portion in possession shall be returned as unjust enrichment from the 3rd "the relevant portion in possession" to the 4th "the same side."

The judgment of the court of first instance is justifiable, as the plaintiff seeks within the scope equivalent to the plaintiff's share ratio among the amount equivalent to the rent for the portion occupying the building of this case "as the plaintiff seeks," the 5th 6th 6th eth eth son of the reasoning of the judgment of the court of first instance. Thus, the defendant's appeal is dismissed for lack of reason, but it is obvious that there is a clerical error in the specific part