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(영문) 수원지방법원안산지원 2016.07.22 2015가단25099
건물철거 등
Text

1. The defendant shall be the plaintiff.

A. Of the 804 square meters of a gas station in Siri-si, Siri-si, an appraisal map in the attached Form 2, 3, 4, 20, 19, 18, and 2 shall be respectively indicated.

Reasons

1. Determination as to the cause of claim

A. Since part of the land owned by the Defendant was affected by the building owned by the Defendant and the Defendant used part of the Plaintiff’s land in this case, the Defendant must remove the said building to the Plaintiff, deliver the part of the land in use to the Plaintiff, and return the money calculated at the rate of KRW 500,000 per month from September 26, 2012, which acquired the Plaintiff’s ownership as unjust enrichment equivalent to the rent corresponding to the portion of the land in use.

B. Upon examining Gap's claim for removal and delivery, Gap evidence Nos. 1 through 5, 9, Eul evidence Nos. 1 through 3 (including various numbers), Gap evidence Nos. 6 through 8 (including various numbers), and the overall purport of pleadings as a result of the appraisal by the Korea Appraisal and Information Corporation, the plaintiff purchased the plaintiff's land from D on September 7, 2012 and completed the registration of ownership transfer as to the above land on the 25th of the same month. On November 25, 2000, the defendant purchased the plaintiff's land from D, and completed the registration of ownership transfer as to the above land on the 20th of the same month. On November 25, 2000, 172 shares out of E, 155 square meters of land (hereinafter "the defendant's land"), 54.98 square meters of land on the defendant's land, and 2000 square meters of land connected to the above building on the 20th of the above building.

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