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(영문) 전주지방법원 2015.07.15 2014가단25261

토지인도 등

Text

1. The defendant marks 1, 9, 7, 8, and 1 of the attached reference to the attached Form 1, 9, 7, 8, and 1 among the land size of 13.3 square meters in Jeonju-si.

Reasons

1. Facts of recognition;

A. On May 9, 2014, the Plaintiffs acquired one half of the shares of co-ownership with respect to D. 13.3 square meters (hereinafter “instant land”).

B. From this point of time when the plaintiffs acquired the ownership of the land of this case to the date of the closing of argument in this case, the part of cement brick roof, part of the building owned by the defendant (hereinafter "the building of this case"), among the land of this case, connected with each point of the attached Reference Nos. 1, 9, 7, 8, and 1 among the land of this case, shall be possessed as follows: < Amended by Presidential Decree No. 20214, Dec. 1, 2008>

C. As to the occupied portion of the instant case, the amount equivalent to the monthly rent from May 9, 2014 to February 28, 2015, the Plaintiff acquired ownership, is KRW 103,153, and the amount equivalent to the monthly rent from March 1, 2015 to February 28, 2016, is KRW 104,837.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 3, the result of the request for surveying and appraisal to the chief of the Korea Cadastral Survey Corporation before this Court, the result of appraisal of fees by appraiser E, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant owned the building of this case on the ground of the land of this case owned by the plaintiffs and occupied the part of this case without title, obtained profit equivalent to the rent for the part of the land of this case and thereby caused damage to the plaintiffs. Thus, barring special circumstances, the defendant removed the bridge roof attached to the plaintiffs, which connects each point of 7, 9, 10, 5, 6, 7 with reference, such as the cement brick of the cement brick on the ship connecting each point of 1, 9, 10, 10, 5, 6, 7, and 1 each point of 1, 1, 9, 10, 5, 6, 7, 8, and 1 in sequence, referring to the part of the ship of this case owned by the plaintiffs (B).