logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.08.16 2017나67271
건물등철거
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 22,193,70 on September 2017.

Reasons

1. Determination as to the cause of claim

(a) The facts of recognition are as follows: (a) on August 31, 2015, the Plaintiff was awarded a bid for 1 and 2 land in the auction procedure for the sale of real estate by Busan District Court H, F (Dual) and acquired the ownership thereof; (b) on the land first and second, the Defendant occupied and used the entire land first and second as the site and capacity of the instant house; (c) on July 31, 2015 to July 30, 201, the monthly rent for 183,00 won; (d) on July 1, 2015 to July 30, 2016 to 30,000 won; (e) on July 1, 2016 to 2; (e) on evidence No. 1 to 301, evidence No. 1 to 2, evidence No. 2, evidence No. 1 to 300, evidence No. 2, evidence No. 1 to 4, evidence No. 1 to 20, evidence No. 10, and evidence No. 2, evidence No.

B. According to the above facts of recognition, the defendant occupied and used the land Nos. 1 and 2 owned by the plaintiff, thereby hindering the plaintiff's ownership, and obtained unjust enrichment equivalent to the rent of Nos. 1 and 2, while causing damage equivalent to the same amount to the plaintiff.

Therefore, barring any special circumstance, the Defendant removed the instant house to the Plaintiff, and from August 31, 2015 to September 20, 2017, the sum of the rent for the second land, which the Plaintiff seeks from September 20, 2017, 22,193,700 won (=(583,000 won 30,000 won) ¡¿ November 31, 2015 to July 30, 2016 (601,00 won 310,000 won) x 13.7 months from July 31, 2016 to September 20, 2017).

arrow