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(영문) 대전지방법원 2015.02.11 2014나103440
토지명도 등
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1. The defendant's appeal is dismissed.

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

3. Text 1-A of the Judgment of the first instance.

Reasons

1. Facts of recognition;

A. On August 5, 2009, the Plaintiff: (a) received a successful bid at the auction procedure at the Daejeon District Court E auction procedure at the Daejeon District Court; (b) fully paid the bid price; and (c) acquired ownership of the forest land at the same time.

B. The Defendant, before August 5, 2009, occupies each of the instant housing and building on the instant forest, and (2) possesses each of the instant housing and building on the instant forest, and (3) possess 681 square meters in the part on a ship, which connected each of the instant housing and building in sequence, 10, 11, 12, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 22, and 9, and owns each of the instant housing and building on the instant forest.

C. Cumulative rent of the instant forest is 12,408,00 won from August 5, 2009 to February 28, 2014; monthly rent is 237,000 won from March 1, 2014 to August 4, 2014; and the monthly rent is 237,000 won thereafter.

[Ground of recognition] A without dispute, entry of Gap evidence Nos. 1 through 4, result of on-site inspection by the court of the first instance, result of a request for cadastral surveying appraisal by the Daejeon Chungcheongnam-do Vice-Governor of the Daejeon High Court, result of a request for an appraisal of fees against appraiser F, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant, the owner of the instant forest, leaves the Plaintiff, barring any special circumstances. ① The Defendant, the owner of the instant forest, out of the instant housing and the instant building; ② removed fences connecting each point of the instant forest, 15, 16, 17, 18, 19, 20, 21, 21, 22, and 9, in sequence, in the order of indication of the attached drawings, and ③ removed fences connecting each point of the instant forest, 9, 10, 11, 12, 13, 14, 15, 16, 17, 17, 18, 19, 20, 21, 22, 13, 14, 21, 14, 200, 3681 square meters of the instant land connected in sequence with each point of the instant forest, from August 25, 2009 to 308.

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