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(영문) 대구지방법원 서부지원 2021.02.03 2020가단56893
건물등철거
Text

The Defendant, as the Plaintiff

A. Of the Daegu Seo-gu 208.8m2, each point of the attached Form No. 5, 6, 9, 10, 5 shall be in order.

Reasons

1. Facts of recognition;

A. On March 30, 2015, the Plaintiff purchased C, Daegu-gu, Daegu-gu, 208.8 square meters (hereinafter “instant Plaintiff’s land”) and completed the registration of ownership transfer on May 11, 2015. The Defendant purchased a house with D, Daegu-gu, 209.2 square meters and its ground (hereinafter “Defendant’s land and housing”) adjacent to the instant Plaintiff’s land and completed the registration of ownership transfer on September 22, 2017.

B. At the time of the Defendant’s purchase, the Defendant’s instant housing had a pole extended without obtaining approval for use. Of the aforesaid columns, the part in which the Plaintiff’s land was invaded is part of 0.1 square meters on the ship (hereinafter “part 1 on the instant land”) connected in sequence with each point of 5, 6, 9, 10, and 5 of the annexed drawing among the Plaintiff’s land, and the part located within 50 cm from the boundary of the Plaintiff’s land is part of 0.1 square meters on the part (a) connected in sequence of 0.3 square meters in the annexed drawing among the Defendant’s land and the part (b) connected in sequence of 0.4 square meters in order to each point of 6, 7, 8, 9, and 6 of the annexed drawing indicating 0.3 square meters in the instant land and the part (hereinafter “the instant part on the land”).

(c)

The amount equivalent to the monthly rent for the portion of the land in this case for 1 shall be 928 won ( annually 11,135 won) from September 22, 2017 to September 21, 2018; 1,000 won (annual 12,00 won) from the next day to September 21, 2019; and 1,058 won (annual 12,690 won) from the next day to September 21, 2020; and the monthly rent thereafter shall be confirmed as 1,058 won (annual 12,690 won).

【Unfounded Grounds for Recognition】 In the absence of a dispute, entry of Gap evidence 1 and 2 (including various numbers in the case of several types), each entrustment of appraisal to the Daegu Deputy Governor of the Korea Land Information Corporation and the appraiser E, the purport of the entire pleadings

2. Summary of the parties' arguments

A. Of the Defendant’s housing columns of this case, the part on the land of this case among the Plaintiff’s housing columns is on one land of this case.

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