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(영문) 대전지방법원 서산지원 2018.06.20 2017가단54857
건물등철거
Text

1. The defendant is against the plaintiffs:

A. Of the 8,596 square meters of G forest in Tae-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, an appraisal map in attached Form 11, 12, 13, 14, and 11 shall be indicated respectively.

Reasons

1. Facts of recognition;

A. H completed the registration of ownership transfer on January 8, 2001 with respect to the forest G 8,596 square meters (hereinafter “instant land”). Plaintiff A, B, C, D, and Nonparty I completed the registration of ownership transfer with respect to each of the instant land on April 2, 2015 due to inheritance by agreement and division as of September 30, 2009.

Meanwhile, on September 2, 2016, Plaintiff E completed the registration of ownership transfer for Nonparty I’s share of Nonparty I’s 1/5 of the instant land due to public sale conducted on August 3, 2016.

B. Among the unregistered and unregistered churches owned by the Defendant (hereinafter “instant church”) and some of the houses [the same appraisal shall be 19,20,21,22,23,24,25,26,26,8,19, and 19, part of the church owned by the Defendant (hereinafter “instant housing”) [the portion of the instant church connected with each point of 15,16, 17, 18, 9, 10, 10, 10, 10, 15 in sequentially connected with each point of 19,20,21, 22, 23, 24, 25, 26, 26, 8, and 19; hereinafter “the instant housing”) and the Defendant shall be 1,000 square meters of the instant land and shall be 1,000 square meters of each of the instant land [the portion of the instant land connected with 1,23,45,67,78,98,100 square meters of each of the instant land];

C. From November 15, 2007 to February 28, 2018, rent of KRW 1,637,800 in total, and monthly rent of KRW 14,00 in total, from November 15, 2007 to February 28, 2018.

On the other hand, on April 13, 2018, Plaintiff E transferred the claim for return of unjust enrichment equivalent to the rent to Nonparty I’s Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4, and 5 are written, and the result of the measurement and appraisal commission against the Taechine branch of the Korea Land and Land Information Corporation is against the appraiser J.

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