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(영문) 대전지방법원서산지원 2019.09.25 2017가단3446
건물철거 및 토지인도 등
Text

1. The Defendants are to the Plaintiff:

A. Of the F 800 square meters in Siljin-si, each point of the attached Form 1, 2, 3, 4, and 1 is indicated in the attached Form.

Reasons

1. The following facts may be acknowledged in full view of Gap evidence Nos. 1 and 2 evidence and the purport of the entire pleadings as a result of the appraisal commission with respect to the head of the party branch office of the Korea Land Information Corporation and the head of the party branch office of the Korea Land Information Corporation and H.

On January 21, 2016, the Plaintiff acquired ownership of FJ 80 square meters (hereinafter “Plaintiff’s land”).

B. On November 29, 2016, Defendant B, as his/her offspring and his/her children, acquired ownership of each of the shares of 1/2 of G’s lightweight structure and other roof single-story detached houses (hereinafter “Defendant building”).

C. However, among the Defendant’s buildings, the interior area of 7 square meters is built in the part of the Plaintiff’s land, which is linked in sequence to each point of 5, 6, 7, 8, and 5, and is also installed in the part of 45 square meters in the same drawings as the part of the concrete package and the septic tank. The rent for the land of 45 square meters in the said part of 1 is KRW 8,325 per month from January 1, 2016 to December 31, 2016, and KRW 8,888 per month from January 1, 2017 to December 31, 2017; and KRW 9,450 per month from the following day.

Meanwhile, upon the death of June 1, 2018 during the instant lawsuit, D’s spouse C, Defendant E, and Defendant B inherited D’s property according to statutory inheritance shares (Defendant C/7 shares and the remaining Defendants 2/7 shares), as the heir.

2. According to the facts of the above recognition, the Defendants owned part of the Defendant’s building on the Plaintiff’s land without any title and occupied and used the Plaintiff’s land. As such, the Defendants removed the Plaintiff’s ground building on which 45m2 in the attached Form No. 1, 2, 3, 4, and 1 were successively connected to the Plaintiff in the order of 800m2 from the 80m2 to the 80m2 from the 31, 2016, and jointly transferred the land of 45m2 from January 21, 2016 to December 31, 2016, the Defendants jointly owned the land of 8,325m25 per month from January 1, 2017 to December 31, 2017.

9,450 won per month until the delivery of the land as described in the subsection is completed.

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