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(영문) 서울고등법원 2015.09.04 2014나43467
지장물철거 및 토지인도등
Text

1. The part against Defendant B and C in the judgment of the first instance, and the part against Defendant F, ordering the following performance:

Reasons

1. Determination as to the claim against the defendant B

A. The facts of recognition 1) Defendant B’s act on September 201, 201 as follows: (a) Defendant B’s act on the 12,406 square meters of G forest land owned by the Plaintiff from Jung-gu Incheon Special Metropolitan City (hereinafter “instant land”).

(2) From January 1, 2011 to December 31, 2012, the amount equivalent to the rent from January 1, 201 to December 31, 2012 to KRW 135,97 per month is KRW 135,97 per month, and the amount equivalent to the rent thereafter is confirmed as the same.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, and the result of the survey, appraisal and rent appraisal in the first instance, the purport of the whole pleadings

B. According to the facts found in the above determination, Defendant B is obligated to remove the above wooden buildings and water tanks to the Plaintiff; ② deliver the part of “vivid” and “viigently” among the instant land 1; ③ to pay the amount of money in the proportion of KRW 135,977 from September 1, 201 to December 31, 201, equivalent to the rent of the part of “vivid” and “viigly” among the instant land 1 (i.e., KRW 135,977 per month x KRW 27 months from September 1, 2011) and the amount of money in the proportion of KRW 135,977 per month from January 1, 2014 to December 31, 2013.

2. Determination as to the claim against Defendant C

A. 1) On September 201, 201, Defendant C purchased a wooden building on the ground of 90 square meters, which connects each point of 71 through 78, and 71 of the attached Table 1, among the land in the instant case, among the land in the instant case, the part of the building on the ground of 90 square meters connected to each point of 79 through 82, and 79, the indication of the aforementioned drawings, and holds the de facto disposal right up to the present day. 2) The amount equivalent to the rent from January 1, 2011 to December 31, 2012, equivalent to the amount of the rent from January 1, 2011 to December 31, 2013.

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