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(영문) 인천지방법원 2017.08.24 2015가단239262
건물등철거
Text

1. For the plaintiffs:

A. Defendant C: (1) No. 1, 2, 3, 54, 55, 56, of the annexed sheet 201 square meters in G 201 square meters in Incheon Reinforcement-gun.

Reasons

1. Facts of recognition;

A. On June 18, 2015, the Plaintiffs jointly owned land Nos. 1 and 2 of the instant case (1) are owners who completed the registration of ownership transfer with respect to H 1891 square meters in Incheon Mung-gun.

(2) On June 20, 2016, the Plaintiff’s share of co-ownership was divided into 1/2 each. (2) On June 20, 2016, 16, the land was divided into 1690 square meters (hereinafter “the instant land”) and 201 square meters (hereinafter “the instant land”).

B. Defendant C’s possession and use (1) of part of the instant land No. 2 in the instant case is the owner of the building I to 328 square meters and JJ large 342 square meters and the two-story above ground (hereinafter “Defendant C’s building”) adjacent to the instant land No. 1 and 2, and Defendant C operates pents in the Defendant C’s building since before 2015.

(2) Defendant C occupied the part of 72 square meters in the place of the ship connected in order to each point of the attached Table 1, 2, 3, 54, 55, 56, and 1 among the land in the instant land No. 2 (hereinafter “Defendant C’s land”), and used it for the purpose of the instant pen parking lot, etc.

(3) The amount equivalent to the rent for the land occupied by Defendant C from June 18, 2015 to December 15, 2016 is KRW 489,738, and the amount equivalent to the monthly rent as of December 15, 2016 is KRW 26,400, and thereafter is ratified as the same amount.

C. On August 29, 1981, K completed the registration of preservation of ownership on the instant land Nos. 1, 2, and 3 of the instant housing owned by Defendant D, E, and F, and K, and K, the Defendant D, Defendant E, and F, the spouse of which died on August 26, 2010, owned the instant housing by inheritance of K.

(2) The instant housing was partially affected by the instant land Nos. 1 and 2.

In other words, among the land No. 1 of this case, the attached Table 1 appraisal map No. 50,58,57, and the attached Table 2 appraisal map No. 50,51,52, 53, 54, 65, 64, 63, 62, 61, 60, 59, 58, and 50 among the land No. 2 of this case, the attached Table No. 1 appraisal map No. 50,58, and 50.

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