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(영문) 의정부지방법원 2014.08.22 2013가단21888
건물등철거
Text

1. The Defendants’ respective Plaintiffs:

A. The annexed map No. 45, 67, 68, 69, 46 among the 1,587 square meters of F forest in Namyang-si, Namyang-si.

Reasons

1. Facts of recognition;

A. The Plaintiffs are 1/2 equity right holders of F forest land 1,587 square meters (hereinafter “Plaintiffs’ land”) in Namyang-si, Namyang-si.

B. G, on January 15, 1982, among the owners of the real estate listed in paragraph (1) of the attached Table Nos. 1 adjacent to the land of the Plaintiffs, newly constructed the real estate listed in paragraph (2) of the attached Table Nos. 2 (hereinafter “instant building”) and completed registration of preservation of ownership of the instant building around that time.

C. However, G stored a fence on the line that connects each point of which is indicated in the annexed drawing Nos. 67, 68, and 69 among the plaintiffs' land. Accordingly, G used the part (a) in the ship connecting each point of which is indicated in the annexed drawing Nos. 45, 67, 68, 69, 46, and 45 among the plaintiffs' land as the building site.

On the other hand, G died on July 19, 2007, and accordingly, on April 30, 2013, G succeeded to Defendant C’s 2/9 shares, Defendant D’s 6/9 shares, and Defendant E’s 2/9 shares, respectively.

E. From the time the instant lawsuit was filed to the date of closing argument, the amount equivalent to the rent for the instant land portion is KRW 235,074 per month.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 6-4, Gap evidence 9, 10, and 12, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the Defendants are obligated to remove and deliver the instant building and fence installed on the instant land portion to the Plaintiffs, unless they do not assert their legitimate title to possess the instant land portion, and at the same time deliver the instant land portion to the Defendants. Furthermore, according to the Plaintiffs’ claim, the Defendants are obliged to pay unjust enrichment equivalent to the amount of money calculated at the rate of 235,074 won per month from May 10, 2013 to the date following the last delivery of the copy of the instant complaint against the Defendants as requested by the Plaintiffs.

On the other hand, several persons jointly do not have legal grounds.

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