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(영문) 청주지방법원충주지원 2016.11.30 2015가단23515
건물등철거
Text

1. The defendant shall be the plaintiff.

A. Of the 11,044 square meters of B forest land in Chungcheongnam-si, the number of pages 1 through 8 and 1 are as shown in the Map.

Reasons

1. Basic facts

A. On May 17, 1989, the Plaintiff completed the registration of ownership transfer based on sale in its name with respect to B forest No. 11,044 square meters (hereinafter “instant land”).

B. The Defendant completed the registration of ownership transfer on August 22, 1983 with respect to the building B Dongdong (a 57.19 square meters on the register, i.e., a wooden village house and a 57.19 square meters on a 1st floor) located on the instant land (hereinafter “instant building”).

C. In fact, the instant building is constructed on the ground of “A” part of the attached Table 1. 1 through 8, and 1, which connects each point of the attached Table 1. 8, among the instant land, as a wooden roof (part of splate) single-story house.

On the other hand, among the instant land, the part “B,” which connects each point of the attached Table 22 through 36, 39, and 22, is used by the Defendant as the parking lot and the site of the instant building. The Defendant cultivated agricultural products on the part of “C,” which connects each point of the attached Table 2, 39 through 22, 39, 36, 37, 38, and 9, in sequence, among the instant land.

Of the instant land, the rent for the same period is KRW 2,539,00 for the portion of “A” attached Table 1 through 8, and 78 square meters for the portion of “A” connected with each point of attached Table 1. From December 11, 2005 to December 10, 2015, the rent for the same period is KRW 2,539,00,00 for the portion of “A” attached Table 22 through 36, 39, and 22, and the portion of “B” which connects each point of attached Table 1 through 8, and 78 square meters for the remaining 33 square meters for the same period, excluding the portion of “A” in the order of 411 square meters, which is 7,726,00 won for the portion of “A” attached Table 1.

[Ground of recognition] Gap evidence Nos. 1 through 5, 7, 8, and Eul evidence Nos. 1, and the result of this court's commission of appraisal to the Chungcheong branch office of the Chungcheong Korea National Land Information Corporation, it is against the appraiser C of this court.

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