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(영문) 대전지방법원 2019.02.13 2017가단220314
건물등철거
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) remove the attached building and the attached land indicated in the attached Form;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

Attached Form

On June 24, 199, the ownership transfer registration for the land indicated on the ownership of the marked land and building was completed on June 24, 199, and the ownership transfer registration for the reason of sale was completed on August 9, 2002, and on April 10, 2009, the ownership transfer registration for the reason of sale was completed on March 3, 2010 after the registration of the ownership transfer claim for the reason of purchase and sale was completed on March 3, 2010, and the ownership transfer registration for the reason of sale was completed on April 9, 2014.

Attached Form

Since July 10, 1990, the attached building existing on the display land has been owned until now since the defendant newly built and completed the preservation of ownership.

Attached Form

The rent of the indicated land and the market price of the attached building to be indicated in the attached Form is KRW 5,287,90 as of August 27, 2018.

Attached Form

When calculating the proper rental fee of the marked land, the sum of 20,572,000 won from April 25, 2014 to October 23, 2018 is 643,00 won per month from October 24, 2018.

On September 26, 2016, the Plaintiff notified the Defendant of the content-certified mail that “The Plaintiff shall pay 28.1 million won in total the remainder after deducting the amount calculated by the Defendant’s arbitrary payment from the amount calculated as the monthly usage fee of the land indicated in the attached sheet from the amount calculated as the monthly usage fee of the land indicated in the attached sheet, and deliver the attached sheet after removing the attached building.”

[Reasons for Recognition] According to the facts without dispute, Gap 1-1 to Gap 2-2, F appraiser's office, and G appraiser's office's request for appraisal as a result of each request for appraisal, the above facts of recognition as to the cause of the principal lawsuit are as follows: unless the defendant has no right to occupy and use the attached land for the ownership of the attached building, the defendant is obligated to remove the attached building and deliver the attached land to the plaintiff.

In addition, it is necessary.

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