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(영문) 춘천지방법원영월지원 2016.02.03 2014가단1978

공작물철거 및 임대료

Text

1. The defendant shall be the plaintiff.

A. Of the area of 972m2, the attached Form No. 8, 9, 10, 11, 25, 26, and 8 shall apply respectively.

Reasons

1. Facts of recognition;

A. The registration of transfer of ownership in the name of the Plaintiff was completed on October 28, 1981 with respect to the land of 972 square meters (hereinafter “instant land”) prior to the Gangseo-gu Seoul Special Metropolitan City, Gangwon-do (hereinafter “Seoul Special Metropolitan City”). The registration of transfer of ownership in the name of the Plaintiff was completed on the ground of the sale as of October 28, 1981. On May 31, 201, the registration of transfer was completed on the ground of inheritance by an agreement division as of December 19, 2010.

B. Before about 23 years, the Defendant installed two plastic houses in a hack pipe 254m2 in the ship connecting each point of the attached Table 8,9,10,11,25,26, and 8 on the same appraisal map among the land of this case, each point of which is indicated 11, 12, 13, 20, 21, 22, 25, 25, and 11, and the same appraisal map of 254m2 in order to connect each point of 254m2 in the ship (hereinafter “the part of a vinyl house site”). At the same time, the Defendant displayed the same appraisal map and 2m3m2 in the M.

[Ground of recognition] Unsatisfy, entry or video of Gap evidence 1 to 4, result of on-site inspection by this court, result of appraiser E’s survey and appraisal, purport of whole pleadings

2. According to the facts of the above recognition, the defendant acquired profits equivalent to the profits from the use by occupying the portion of a vinyl house site and the portion of wooden 2g dust planted without a legitimate title. Accordingly, the plaintiff, the owner of the land of this case, who owned the land of this case, suffered losses equivalent to the same amount.

Therefore, the defendant has the duty to remove two plastic houses to the plaintiff, remove trees from 2 girs, and return the profits equivalent to the profits from the use of the land of the plastic house as unjust enrichment.

Furthermore, with respect to the amount of unjust enrichment to be returned to the Plaintiff by the Defendant, the amount of profit from the possession and use of real estate in ordinary cases is the amount equivalent to the rent of the real estate. According to the result of the entrustment of rent to the Central Appraisal Corporation of this Court, the rent for the portion of the land for a vinyl shall be 4,301,000 won from November 21, 2005 to November 20, 2015, and 480,700 won from November 21, 2014 to November 20, 2015.