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(영문) 부산지방법원 2020.05.08 2016가단311205
건물등철거
Text

1. The Defendants jointly and severally pay KRW 16,013,275 to the Plaintiff.

2. The plaintiff's remainder against the defendants.

Reasons

1. Basic facts

A. The Plaintiff is an owner of the same 79.3 square meters in Seo-gu, Busan Metropolitan City, and 166.3 square meters in Dong-gu, Dong-gu, 166.3 square meters (in Busan Metropolitan City, Seo-gu, D. D. 79.3 square meters in a school site of the same Gu on February 2, 2016, 59.4 square meters in a school site of the same Gu, 738.9 square meters in a school site of the same Gu, and 166.3 square meters in a school site of the same Gu, changed to 8,078.6 square meters in a school site of the same Gu, and changed to 8,078.6 square meters in a school site of the same Gu; hereinafter referred to as “Plaintiff’s land”); Defendant B is the owner of the 2/3 square meters in a building of the same Gu and 4 square meters in a building of the same Gu (hereinafter referred to as “Defendant’s building”); Defendant C, who is Defendant B’s 1/3

B. Of the Plaintiff’s land, the portion on board part 50.5 square meters in sequence connected with each point of the attached Table 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 41, and 31 (hereinafter “part B”) among the parts on the part of the Plaintiff’s land, which are 6.6 square meters in sequence connected each point of 29, 42, 41, 31, 30, 30, and 29 of the same appraisal map (hereinafter “multi-number”), which are 6.6 square meters in line with each of the above parts (hereinafter “multi-number”), is installed on the part of the Plaintiff’s land, which is 2,3,43, 35, 37, 38, 39, 40, 41, and 29 square meters in proportion to each of the above appraisal map.

C. In calculating the rent of the Plaintiff’s land, appraiser I used the reasonable calculation method, and calculated the land price of the Plaintiff’s land by designating the comparative standard for the neighboring area, reflecting the time of revision, regional factors, individual factors, etc., and calculated the expected interest rate at 6% per annum, and calculated the monthly rent of KRW 62,00 from March 10, 201 to March 9, 2013, the monthly rent of KRW 64,000 from March 10, 2013 to February 28, 2016, respectively.

The expected interest rate of commercial sites under the "Land Compensation Evaluation Guidelines" established by the J Association shall be 3-6% of the work, 3-6% of the temporary use of sales facilities, and 2.

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