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(영문) 수원지방법원 2017.11.23 2016가단531122
건물철거등
Text

1. Defendant A:

A. (i) Of the real estate listed in Appendix 1 List 5.5.5.0

Reasons

1. Basic facts

A. On May 8, 2009, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the [Attachment 1 and 2] list Nos. 1 and 2 (hereinafter “instant real estate”).

B. From around 2008, Defendant A occupied the instant real estate, and installed 11 square meters of the building on the ground level of the assembly-type panel building (hereinafter referred to as “the prefabricated section”) in order to connect each point of the attached Table 2-1 No. 5 and 1 among them, on the lower part of the underground section of the ship connecting each point of the attached Table 2-1, 32 square meters of the building on the prefabricated board (hereinafter referred to as “the prefabricated section”), 6 to 9, and 6 of the same drawings, and 10 to 26, and 10 square meters of the building on the ground level of the prefabricated board building (hereinafter referred to as “the prefabricated section”) connected each point on the ground level of the same map.

C. From around 2008, Defendant B occupied the instant real estate from around 2008, and installed a container of 73 square meters on the ground level (hereinafter “cover part”) on the part of the coverage part connecting each point of the attached Tables 2-2, 27 through 30, and 27 among them.

The rent of a wal, (B) and a caused part of a disaster is KRW 61,34,080 in total from May 8, 2009 to October 13, 2017, and KRW 516,406 in each month from May 8, 2017 to October 13, 2017, and the rent of a balth part is KRW 20,270,450 in total from May 8, 2009 to October 13, 2017, and KRW 170,650 in each month from May 8, 2017 to October 20.

[Ground for Recognition: Facts without any dispute; entries in Gap evidence 1-4 (including the number of branches, if any); the result of the survey and appraisal by the appraiser Korea Land Information Corporation; and the result of the appraiser C’s fee appraisal by the appraiser C; the result of the inquiry about the appraiser and the branch office of the Korea Land Information Corporation; the purport of the whole pleadings and arguments]

2. According to the above facts of recognition, the Plaintiff, the owner of the instant land 1 and 2, and the Defendant A, the possession of the instant land 1, removed each part of the caused by wal, wal, and wal, and deliver the instant land 1, and the Plaintiff’s ownership of the instant land 1 due to unjust enrichment equivalent to rent.

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