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Reasons
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(영문) 의정부지방법원 고양지원 2018.11.28 2016가단83491
건물등철거
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1. The defendant shall be the plaintiff.

A. Of the land size of 476 square meters prior to C in Pakistan, indication 23, 25, 26, 27, 16 through 19, 28, 21, 22.

Reasons

1. Facts of recognition;

A. On March 16, 2015, the Plaintiff completed the registration of ownership transfer with respect to the share of 419/509 square meters (hereinafter “Eri”) among the share of 419/509 square meters (hereinafter “instant land No. 1”), and completed the registration of ownership transfer with respect to the share of 476 square meters (hereinafter “instant land No. 2”) prior to C on the same day.

B. On October 21, 2010, the Defendant completed registration of initial ownership relating to F-ground houses adjacent to the instant land Nos. 1 and 2.

C. The defendant is the plaintiff's above A.

From March 16, 2015, when the registration of transfer of co-ownership in the land Nos. 1 and 2 of this case was completed, the building was constructed on the ground of No. 23, 25, 26, 27, 16 through 19, 28, 21, 22, and 23 square meters of the attached drawing among the land No. 2 of this case, and the building was occupied on the ground of No. 123 square meters of the part of the divities of the ship (hereinafter referred to as "divar portion of the land") connected with each of the items of No. 2 of the attached drawing of this case. The building was occupied on the ground of No. 23, 25, 26, 27, 16 through 19, 28, 21, 22, and 23, and each of the above land was connected with the land of this case with the same map No. 1, 22, 14, 112, and 3.

The defendant above C.

The amount equivalent to the rent of land in possession as stated in the subsection shall be as follows:

1) The sum of rent equivalent to the sum of the instant land from March 16, 2015 to November 5, 2018 is KRW 1,007,210, and the rent as of November 5, 2018 is KRW 23,220, and the rent as of November 5, 2018. (2) The sum of rent equivalent to the amount of rent from March 16, 2015 to November 5, 2018, of the instant land “ivivable” portion, is KRW 1,345,720, and the rent as of November 5, 2018 is KRW 31,050.

3) The sum of rents equivalent to the instant “v” portion of land from March 16, 2015 to November 5, 2018 is KRW 440,260, and the monthly rent as of November 5, 2018 is KRW 10,140. (No dispute over recognition exists.)

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