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(영문) 전주지방법원 2020.07.01 2019나6341
토지인도
Text

1. Revocation of the first instance judgment.

2. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. A. Of the 3243m2 in Jung-Eup-si.

Reasons

1. Determination as to the cause of the principal claim

A. (1) The Plaintiff completed registration of preservation of ownership on May 7, 1993 (hereinafter “registration of preservation of ownership”) with respect to the land of 3243 square meters (hereinafter “instant land”) in Jung-Eup-si, Jung-gu.

(2) From around 1975 to the date, the Defendant owned each building (hereinafter “each building of this case”) on the ground of 53 square meters on the part (Da), 2, 3, 4, 6, 7, 7, 11, 12, 13, 14, 16, 14, 17, 14, 14, 17, 14, 17, 14, 17, 14, 17, 17, 14, 17, 14, 17, 14, 17, 14, 14, 17, 14, 17, 14, 14, 10, 10, 20, 20, 20, 20, 20, 20, 20, 20, 20, 20, 20, 20, 20

(3) The amount equivalent to the rent from June 1, 2008 to March 31, 2019 is 2,152,020 won in total, and the amount equivalent to the rent for ten months from June 1, 2018 to March 31, 2019 is 22,00 won in total.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 to 3, the result of the appraisal commission to the first instance court, the purport of the whole pleadings

B. According to the above facts, the Defendant, who owned each of the instant buildings on the ground of the instant land and occupied and used the occupied parts on the instant land, shall, barring special circumstances, remove each of the instant buildings and deliver the occupied parts of the instant building to the Plaintiff presumed to be the owner of the instant land, and the amount equivalent to the annual rent of KRW 2,152,020 from June 1, 2008 to March 31, 2019 sought by the Plaintiff, and the amount equivalent to the annual rent of KRW 222,00,000, which is the following day from April 1, 2019 to the date of the completion of delivery of the possession of the instant building from June 1, 2018 to the date of the closing of the instant argument.

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