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(영문) 인천지방법원 2017.11.02 2016가단204638
토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the area of 24,473 square meters prior to Incheon Gyeyang-gu, (i) the attached Table 1 appraisal map is marked 1, 2, 15, 14, and 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a co-owner who acquired shares of 24,473 square meters prior to Incheon Gyeyang-gu, in sequence from October 29, 2009 to December 24, 2009, and completed the registration of ownership transfer as of December 24, 2009 with respect to the last 480,629/489,460 square meters.

B. Since before December 24, 2009, the Defendant owned 17 square meters of a building (D) with 17 square meters on board which connects each point of 1,2,15,14, and 14 square meters on the part (C) of the attached Table 1 appraisal map to each point of 1,2,15,14, and 17 square meters on the part (hereinafter “1 of this case”), (2), which connects each point of 16,17,25,26, and 16 square meters on the part (hereinafter “2 of this case”), (3), which connects the above appraisal map to 17,18,19,20,21,22,23,24, 25, and 17, and (e) which connects each point of 122 square meters on the ship, and (e) which is owned by 16,123,14,17,100 square meters on the part (hereinafter “16,14,27,”).

C. Of the instant land, the amount equivalent to the rent from December 24, 2009 to March 31, 2016 with respect to the portion corresponding to the Plaintiff’s share is KRW 148,761,405 in total, as indicated in attached Table 2 (in this case, the amount equivalent to the rent shall be converted into the area ratio based on the result of appraisal of the amount equivalent to the rent in a separate lawsuit on a separate lawsuit against the land of this case). The amount equivalent to the monthly rent as of March 31, 2016 shall be KRW 2,251,806, and the amount equivalent to the rent thereafter shall be confirmed to be the same amount.

[Reasons for Recognition] A without dispute, entry of Gap evidence 1 through 4, the result of the request for measurement and appraisal to the Director of the Incheon Northern Vice-Governor of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination as to the cause of action

(a) the removal, removal, and extradition request portion;

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