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Reasons
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(영문) 서울서부지방법원 2021.03.18 2018가단5914
건물철거등
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The Defendant, as the Plaintiff

(a) Of the lands listed in paragraph 1 of the attached list, each point of the attached sheet No. 2, 5, 6, 7, and 2.

Reasons

1. Facts of recognition;

A. The land indicated in attached Table No. 1 (hereinafter “instant land”) is owned by the Plaintiff who completed the registration of ownership transfer on September 2, 2003, and the land adjacent thereto is owned by the Defendant who completed the registration of ownership transfer on September 30, 2016.

B. On the land owned by the Defendant, a building listed in attached Table 2 of the List owned by the Defendant (hereinafter “instant building”) is constructed on the land owned by the Defendant, for which the Defendant completed the registration of transfer of ownership on September 30, 2016, and the building in this case was built on the land owned by the Plaintiff. The instant building is built on the part of the instant land owned by the Plaintiff, which is connected in order to each point of the said land indicated in attached Table 2, 5, 6, 7, and 2.

(c)

10,900 won (8 months) per month from October 1, 2016 to May 31, 2019, 3,631,720 in aggregate, from October 1, 2016 to May 31, 2017, = 887,200 won per month from June 1, 201 to May 31, 2018, = 113,140 won per month from June 1, 2017 to May 31, 2018 (12 months) = 1,357,680 won per month from June 1, 201 to May 31, 2018, = 1,357,680 won per year from June 1, 2018 to May 31, 2018; 15,708 won per month; 3688 won per year from May 31, 2018.

5. From September 1 to June 31 of the same month, as the Plaintiff seeks, the monthly rent for the previous year is applied, and the monthly rent is KRW 121,850 from June 1, 2019.

[Grounds for Recognition] Unsatisfy, each entry in Gap 1 through 7 (including branch numbers), the purport of the whole pleadings

2. According to the above facts of recognition as to the plaintiff's claim, the part constructed on the land of this case owned by the plaintiff among the building of this case owned by the defendant is to be removed by the defendant, deliver the part of the building, and return the part of the land equivalent to the use fee of the affected land to unjust profits.

3. According to the conclusion, the plaintiff's claim is accepted as reasonable.

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