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(영문) 광주지방법원 2020.08.19 2019나65732
건물등철거
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiffs, Defendant E, and Defendant E, are buildings listed in attached Table 1.

Reasons

1. Facts of recognition;

A. The Plaintiffs own 1/4 shares of each land listed in the separate sheet No. 2 (hereinafter “instant land”).

B. On June 28, 2018, Defendant F completed the registration of ownership transfer for reasons of public sale on June 12, 2018 with respect to the instant building on the instant land (hereinafter “instant building”), and on February 25, 2019, Defendant E completed the registration of ownership transfer for reasons of donation on the instant building.

C. The instant building is constructed on the instant land as indicated in the annexed drawing Nos. 1. From June 1, 2018 to May 31, 2019, the amount equivalent to the rent for the instant land is KRW 1,059,270 per month [The monthly rent for the land indicated in attached Form 21 = KRW 985,270, and KRW 74,000 (the monthly rent for the entire monthly rent 1,729,190, KRW 958 square meters x 41 square meters), and KRW 1,089,810 per month [the amount equivalent to the rent for the instant land] from June 1, 2019 to May 31, 2019 x the monthly rent for the land indicated in attached Form 21 x the total rent for the land x the rent for the 1,013,050 won x the rent for the land indicated in attached Form No. 21 x the total rent for x the total rent for 781, 781,685.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 3 (including branch numbers; hereinafter the same shall apply), the result of the first instance court’s entrustment of appraisal to the Vice Governor of the Korea Land Information Corporation of Gwangju, the result of appraisal by the first instance court’s appraiser I, the purport of the whole pleadings

2. From June 12, 2018 to February 24, 2019, Defendant F owned the instant building built on the ground of the instant land owned by the Plaintiffs from February 25, 2019, and Defendant F donated the instant building to Defendant E, his mother, but even thereafter, Defendant F jointly occupied the instant land with Defendant E and the instant land or aids and abets Defendant E’s illegal occupancy by means of direct management of the instant building.

Therefore, Defendant E, as the owner of the instant building, has the duty to remove the instant building and deliver the instant land to the Plaintiffs, and Defendant F.

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