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(영문) 서울남부지방법원 2020.07.09 2019가합108733
건물등철거
Text

1. The defendant against the plaintiffs

(a) Of each land listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 27, 26, and 1.

Reasons

1. Facts of recognition;

A. The Plaintiffs purchased each land listed in the separate sheet (hereinafter “each land of this case”) in the voluntary auction procedure and completed the registration of ownership transfer on May 24, 2019 with respect to each 1/2 shares.

B. Before the purchase by the Plaintiffs of each of the instant land, the Defendant commenced the project to create the hanok Village including each of the instant land.

The Defendant: (a) connected each point of the (i) section 24.1 square meters of the attached drawing in sequence 1, 2, 27, 26, and 1 of the instant land among the instant land in order to use the Han-style Village for the purpose of dynasium; (b) section 5, 6, 29, 28, and 5 of the aforementioned drawing; and (c) section 51.8 square meters of the above drawing; and (d) section 9, 10, 11, 36, 35, 34, 33, 33, 32, 31, 30, 30, and 9 of the above drawing; and (c) section 15, 16, 17, 37, and 15 of the aforementioned drawing; and (c) section 26.1 square meters of the above drawing; and (e) section 36,444,000 square meters of the above structure connected each point;

(hereinafter “instant building and structure”). C.

Since May 25, 2019, where there is no security deposit for the part of the above (i), (ii), (c), (iv), (v), and (vi) of each of the instant lands, the monthly rent assessed in total is KRW 5,935,00,00.

[Based on recognition] Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 4 (including the number of branch offices; hereinafter the same shall apply), the result of the appraisal commission to the senior branch offices of the Korea Land Information Corporation, the result of appraisal by appraiser D, the purport of the whole pleadings

2. Determination

A. 1) According to the above findings, the defendant is the owner of the building and structure of this case, and according to the above findings, the above facts are as follows: (a), (b), (c), (d), (e), (v) and (vi) of each of the lands of this case, and therefore, the plaintiffs, the land owner.

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