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(영문) 대전지방법원서산지원 2020.04.29 2019가단53889
건물등철거
Text

1. The defendant shall be the plaintiff.

A. Of the area of 1,002 square meters prior to Seosan-si, each point is indicated in the attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1.

Reasons

1. The following facts may be acknowledged in full view of the evidence No. 1 to No. 4 and the purport of all pleadings as a result of an appraisal commission made to E by the court of this case.

On May 12, 2003, the Plaintiff acquired ownership of 1,002 square meters prior to Seosan-si D.

B. In addition, the Defendant owns a section of cement block toilets and a warehouse 22 square meters in the ship, which connects each point of 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of the annexed drawings among the above land in sequence, and connects each point of 10, 11, 12, 13, 14, 15, and 10 of the annexed drawings with 240 square meters and the same drawings of 10, 11, 12, 13, 15, and 10 square meters.

C. The total amount of rent from July 1, 2009 to June 30, 2019 for the land in the above part “A” and the land in the part “B” is KRW 4,494,348, and the monthly rent is KRW 49,125,00 after July 1, 2019.

2. According to the facts of the above recognition, the Defendant owns a building on the land owned by the Plaintiff without any title, and thus, the Plaintiff is obligated to remove the said land from the cement block toilets and the warehouse 22 square meters, and deliver the said land to the Plaintiff at the ratio of KRW 4,494,348 won for unjust enrichment per rent and KRW 4,494,348, and from July 1, 2019 to July 25, 2019, the portion of the “1” group housing and the warehouse (including the interior) in the attached Form No. 10,11, 12, 13, 14, 15, and 100 square meters for the attached Form No. 4,494,348, and the amount of money from July 1, 2019 to the date of delivery.

3. The plaintiff's claim for conclusion is justified and accepted.

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