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(영문) 의정부지방법원 고양지원 2018.02.08 2015가단33222
지상물철거 및 토지인도 등
Text

1. The Defendant (Appointed Party) indicated the Plaintiffs on the attached table 10, 10, 2975 square meters among the 2975 square meters for warehouse sites in Yongsan-gu, Seoyang-gu.

Reasons

1. Basic facts

A. On December 14, 2011, the Plaintiffs acquired ownership of each 1/2 portion of the F warehouse site in Yongsan-gu, Yongsan-gu, Incheon Metropolitan City (hereinafter “Plaintiffs”) from Nonparty G on December 14, 201 due to the sale.

B. Meanwhile, the land on the part of the Defendant was adjacent to the Plaintiff’s land, as indicated in the attached reference sheet, the area of H warehouse site in the Seocho-gu, Seoyang-gu, Seoyang-si (hereinafter “Defendant’s land”). A building owned C on the above land (hereinafter “Defendant’s building”) is constructed. At present, part of the Defendant’s building is 58 square meters inside the ship (hereinafter “instant land”) connected each point of the Plaintiffs’ land, which is indicated in the attached reference sheet 10, 11, 12, 13, 14, 15, 15, 16, 17, 18, and 10.

C. C (hereinafter “the deceased”) died on April 19, 2017 while the instant lawsuit was pending, and the Defendant (Appointed Party), the heir of 1/4 shares of the deceased, completed the registration of ownership transfer with respect to the land and building on the Defendant’s side due to the division of inherited property.

【Fact-finding without a dispute over the basis of recognition, entry of Gap evidence 1 through 6, and evidence 8 (including branch numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts of recognition of the request for removal and delivery, the defendant (appointed party) who is the owner of the building on the part of the defendant's side removes the part of the land of this case among the defendant's building and deliver the land of this case to the plaintiffs.

B. As seen earlier, the part of the Defendant’s building is constructed on the ground of the instant land, the owner of the instant building is obligated to return unjust enrichment from the use of the pertinent land by owning the building to the Plaintiffs, who are the owner of the instant land, and the amount of unjust enrichment is the amount equivalent to the rent for the pertinent real estate, barring any special circumstance.

According to the results of this court's assessment of the fee, the fee will be assessed.

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