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(영문) 전주지방법원 2018.06.01 2017가단3361
건물철거 및 토지인도 등
Text

1. The defendant

A. Of the area of 204 square meters in Jeonjin-gu, Jeonjin-gu, Jeonjin-gu, Seoul, indication of the annexed drawings 1, 2, 14, 15, 16, 17, 18, 19, 20;

Reasons

1. Basic facts

A. On June 12, 2014, the Plaintiff acquired a share of 565/1020 square meters (hereinafter “instant land”) of 365/1020 square meters (hereinafter “instant land”) in Seongdong-gu, Seoul Special Metropolitan City due to a compulsory sale by official auction on June 12, 2014, and completed the registration of share ownership transfer on June 16, 2014. On September 30, 2015, the Plaintiff completed the registration of share ownership transfer for the remaining share of 910/204 square meters (hereinafter “instant land”).

B. The Defendant owns, on the instant land, each of the (B) parts on the ground of 73 square meters on the part of the ship (A), which connects each point of 1,2, 14, 15, 16, 17, 18, 19, 20, 21, 21, 13, and 11 square meters on the instant land, which are linked in sequence to each point of 22, 23, 24, 25, 26, 27, and 22 square meters on the ground of (B) the part of the instant land, which are 24 square meters on the ground, and 28, 29, 6, 7, 8, 30, 31, 32, and 28 items on the ground of (c) part of the ground warehouse (hereinafter each of the instant buildings collectively referred to as “each of the instant buildings”).

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 5, the result of this court's request for surveying and appraisal of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition as to the building of this case and the claim for delivery of the land of this case, the defendant is obligated to remove each of the buildings of this case as owner of the land of this case and deliver the land of this case to the plaintiff who seeks removal of disturbance as owner of this case.

B. According to the above facts, the defendant owned each of the buildings of this case and occupied and used the land of this case, which is the site of each of the buildings of this case, and thus, he is obligated to return unjust enrichment accordingly to the plaintiff. 2) The amount of unjust enrichment to be returned by the defendant is examined as to the amount of unjust enrichment to be returned by the defendant. In ordinary cases, the amount of profit from the possession and use of the real estate is the amount equivalent to the rent of the real estate, and the amount of profit from such possession and use shall

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