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(영문) 전주지방법원 정읍지원 2018.08.16 2017가단11412
건물등철거
Text

1. The defendant is against the plaintiffs:

A. Each point is indicated in the attached Form 1 through 11, and 1, on the ground of 767 square meters in Jeonbuk-gun, Jeonbuk-gun.

Reasons

1. Determination as to the cause of claim

A. 1) E is a 767m2 (hereinafter “instant land”) in Jeonbuk-gun, Jeonbuk-gun (hereinafter “instant land”).

(2) On September 23, 201, the Plaintiffs acquired ownership due to inheritance by agreement and division as of September 18, 1981. The Plaintiffs completed the registration of ownership transfer with respect to each of the instant land on February 23, 2017.

3) The Defendant: (a) each of the buildings (hereinafter referred to as “instant buildings”) located in a warehouse of 30 square meters in part (Ga), part (Ga), part (b), part (30 square meters on a 353 square meters wide on the instant land; (b) part (30 square meters wide; and (c) part (30 square meters wide; and (hereinafter referred to as

(4) The rent for the portion (g) indicated in the attached Form No. 353 square meters among the instant land is KRW 165,800 per month from June 20, 2016 to June 19, 2017, and is KRW 170,90 per month from June 20, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, result of the appraisal commission to the Korea Land Information Corporation by this court, the purport of the whole pleadings

B. The judgment of the court below has a duty to remove the above buildings, deliver the land site, and return the amount equivalent to the rent of the site as unjust enrichment, since the defendant occupied the building on the land of this case, and owned the building of this case on the land of this case, thereby hindering the ownership of the plaintiffs, who are co-owners of the land of this case.

Examining the amount of unjust enrichment to be returned by the Defendants, the amount equivalent to the rent that the Plaintiffs acquired from January 24, 2017 to April 23, 2018, for each Plaintiff from January 24, 2017, is KRW 1,269,00 [1,269,00 for each Plaintiff (165,80 for monthly rent x 5 months x 1/2 for each month x 170,900 for monthly rent x 10 months x 1/2). As such, the Defendant is 1,269,00 for each amount of unjust enrichment equivalent to the rent already incurred to the Plaintiffs, and 1,269,000 for each of them, as sought by the Plaintiff, as well as for each of them, from May 24, 2018.

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