(영문) 전주지방법원 2016.01.14 2014나11409

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(영문) 전주지방법원 2016.01.14 2014나11409

건물등철거

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, and 4:

On April 8, 2014, the Plaintiff purchased the instant land in the procedure for compulsory auction by Jeonju District Court C with respect to the instant land and completed the registration of ownership transfer in its name on April 10, 2014.

B. On the instant land, the instant building exists. On September 9, 2013, the Defendant completed registration of preservation of ownership of the instant building in its name, and up to now, occupied and used the instant land as the site, etc. of the instant building.

2. Determination:

A. According to the above facts, the Defendant, as the owner of the instant land, has the duty to remove the instant building and deliver the instant land to the Plaintiff, and return unjust enrichment from April 8, 2014 to the completion date of delivery of the said land from the date when the Plaintiff acquired the ownership of the instant land to the date when the delivery of the said land is completed.

Meanwhile, the amount of unjust enrichment to be returned by the Defendant is the amount equivalent to the rent for the instant land. According to the result of the commission of appraisal by the court of the first instance for the Pacific Appraisal Corporation, the rent for the instant land from April 8, 2014 to July 11, 2014 can be recognized as constituting 89,600 per month. Since the rent for the instant land after July 11, 2014 can be ratified as KRW 89,600 per month, the Defendant is obliged to pay to the Plaintiff the amount calculated by the ratio of KRW 89,60 per month from April 8, 2014 to the completion date of delivery of the said land.

B. The defendant's assertion and judgment (1) The defendant asserts that the land of this case has legal superficies for the building of this case. Thus, the removal of the building of this case and the request for extradition of the land of this case cannot be complied with.

(a) land or its ground which has become the object of a compulsory auction.

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