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(영문) 청주지방법원 충주지원 2018.12.05 2018가단20043
건물등철거
Text

1. The defendant shall enter the plaintiff in the attached list.

1. Removal of the building and entry in the attached list;

2. The transfer of land;

Reasons

1. Facts of recognition;

A. Entry in the attached list;

2. The land (hereinafter “instant land”) was owned by the network C, and C died on February 5, 1993, and the ownership transfer registration was completed to D on March 3, 1993 due to the inheritance by consultation division.

Then, D purchased the said land on November 1, 2017 during the voluntary auction procedure commenced by E on March 13, 2017, at the time of the voluntary auction procedure, the Plaintiff purchased the said land on November 1, 2017.

B. On the land of this case, the list on the general building ledger entered by the net C as the owner is indicated in the attached list.

1. The building (hereinafter “instant building”) exists, and the said building was unregistered, and on October 30, 2017, registration of ownership preservation was completed in the future of the Defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 5-21, Eul evidence 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts acknowledged prior to the determination of the cause of the claim, the Defendant occupied and used the instant land owned by the Plaintiff by owning the instant building by owning it, so the Defendant is obligated to remove the instant building to the Plaintiff, deliver the said land, and return unjust enrichment equivalent to the rent for the said land, unless the Defendant proves the title to occupy the instant land.

Furthermore, with respect to the amount of unjust enrichment, comprehensively taking account of the overall purport of the pleadings as a result of the commission of appraisal to appraiser G, the facts constituting 194,350 per month from November 8, 2017 to April 30, 2018 near the date of the closing of argument in this case can be acknowledged, and the subsequent amount is ratified to be the same as the above amount.

B. 1 The Defendant determined the Defendant’s defense, while all of the instant land and buildings belong to the net C, inherited by agreement and division.

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