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(영문) 서울서부지방법원 2020.12.10 2018가단226896
건물퇴거 등
Text

1. The Plaintiff:

A. C, which is the taking-off of the lawsuit of Defendant Net B, shall be KRW 4,078,625 and shall be from September 11, 2020, as well as D.

Reasons

Basic Facts

A. The Plaintiff is the owner of a building on the land located in Mapo-gu Seoul Metropolitan Government J 96С (hereinafter “instant land”), K 94С, and the said two lots of land (registration of ownership transfer on May 23, 2015). The network B was the owner of a building on the land located in Mapo-gu Seoul Mapo-gu and the 67m2 and its ground surface, the 1m2 and the 4m2 above ground surface (hereinafter “instant building”). Since the instant lawsuit was filed on November 12, 2019 (hereinafter “instant lawsuit”), the heir took over the Defendant’s status.

(b) The heir of the network B has wife C and children D, E, F, G, H, and I.

The instant building, which is the inherited property of the network B, is inherited by C 2/4 shares, E, and H each of 1/4 shares due to the agreement division by the heir.

C. The instant building owned by the network B was built on the part of 14 square meters in the ship (b) connected in order to each point of the attached drawings indicated 1, 2, 8, 9, 10, 7, and 1 among the instant land owned by the Plaintiff (hereinafter “the instant flooded part”) among the instant land owned by the Plaintiff.

Therefore, around 2017, the Plaintiff filed a lawsuit against the Dong Dong-B against the Seoul Western District Court for the removal of the part constructed on the land of the instant bedroomd part of the instant building and for the delivery of the land of the instant bedroomd part (2017Gadan229362) and received a favorable judgment on May 30, 2018. The network B filed an appeal and appeal, but all dismissed, and the judgment became final and conclusive on September 25, 2019.

According to the appraisal result of KRW 2,34,329 from February 23, 2015 to October 5, 2015, the amount of land rents of this case is KRW 3,634,40 from October 6, 2014 to October 5, 2015. Of the above land rents, the amount is KRW 1,290,071 (calculated: 3,363,40 x 140 x 8.40 x 1,68 x 1,60 x 1,68 x 1,07 x x 40 x x 40 x x 40 x x 140 x 140 x 140 x 140 / 365 x 140 x 140 x 365 x 108 x 10.5 x 18, 2015

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