(영문) 서울중앙지방법원 2014.12.12 2014나14305

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(영문) 서울중앙지방법원 2014.12.12 2014나14305

토지인도 등

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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The counterclaim of the Defendant (Counterclaim Plaintiff) brought at the trial shall be dismissed.

Reasons

1. Basic facts

A. On April 11, 2013, the Plaintiff purchased the land listed in [Attachment List No. 2 (hereinafter “instant land”) through a voluntary auction, and subsequently completed the registration of ownership transfer on the 16th of the same month.

B. 1) The Dongjak-gu Seoul Metropolitan Government 57 square meters adjacent to the instant land (hereinafter “instant adjacent land”).

() On the ground, 56.40 square meters of 1st floor, 26.36 square meters of 2nd floor, and 6.61 square meters of 2nd floor on the ground. However, on November 26, 1991, the Defendant purchased the instant adjacent land and the instant house, and completed the registration of ownership transfer on December 27 of the same year. 2) The instant house was partially destroyed and partly destroyed, and the registration of alteration was completed on May 29, 2004.

C. Of the instant land, the part on the ship connected in sequence 11, 12, 6, 7, 13, and 11, among the land in question (hereinafter “instant part on the land”). D.

The monthly rent from April 11, 2013 to December 31, 2013 concerning the land of this case is KRW 175,000, and the monthly rent from the next day to the date of closing the argument of this case is KRW 177,000.

[Ground of recognition] Fact that this court is obvious or has no dispute between the parties, each entry of Gap evidence 1 through 3, the result of the judgment of the court of the first instance, the result of the entrustment of surveying appraisal, the purport of whole pleadings

2. Determination as to the principal lawsuit

A. Since part of the building of this case, which is owned by the Defendant, was constructed against the land adjacent to this case and infringed on the land in this case owned by the Plaintiff, the Defendant is obligated to remove the part constructed on the land in this case among the building of this case, deliver the land in this case to the Plaintiff, and return unjust enrichment equivalent to the rent after the Plaintiff acquired ownership on the land in this case.

B. The defendant's assertion

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