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(영문) 서울중앙지방법원 2015.09.24 2014가단182870
건물인도등
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant B, among the rooftops of the buildings listed in the separate sheet Nos. 1, 2, 3, 4, 4.

Reasons

1. Basic facts

A. Defendant D and Nonparty L on August 26, 2003 (hereinafter “instant land”)

(A) the buildings listed in the separate sheet of the land and its ground (hereinafter referred to as “instant building”).

(2) On August 10, 2003, only the building of this case shall be sold to the Plaintiff at the price of KRW 50 million and shall be sold to the Plaintiff for the same year.

9. 30. The registration of ownership transfer was completed in the name of the plaintiff.

At the time, the Plaintiff purchased the instant building for the purpose of acquiring the right to sell in lots, and the rental income accrued from the building has both sellers, but the Plaintiff agreed with the seller to be exempted from paying the land rent for the instant land, which is the site of the building.

2) On May 31, 2013, Nonparty N acquired the ownership of the instant land through a voluntary auction procedure, and the Plaintiff pays rent to N after the date of acquisition of the ownership. B. Since July 2014, Defendant B used approximately 15 square meters in line with the description 1, 2, 3, 4, and 1 of the attached drawing among the rooftops of the instant building; Defendant C and D used approximately 201 square meters in sequence among the two floors of the instant building; Defendant C and D used approximately 15 square meters in line with each of the items of (A) the attached drawing indicating 5,6, 9, 10, and 50 square meters in line with each of the items of (b) the attached drawing indicating 12, 13, 14, 15, and 201 square meters in order among the items of the instant building; Defendant H used approximately 2, 13, 201 square meters in proportion to each of the residential areas indicated in the attached drawing among the instant building.

2. The amount equivalent to the rent from July 1, 2014 to June 30, 2015 of the portion possessed by Defendant B is 1,210,000 won and the amount equivalent to the monthly rent thereafter is 105,000 won, and the amount equivalent to the monthly rent from July 1, 2014 to June 30, 2015 is possessed by Defendant C and D.

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