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(영문) 수원지방법원 2019.04.11 2018나70875
건물철거등
Text

1. Revocation of the first instance judgment.

2. The defendant shall be the plaintiff.

(a) an indication of the attached Form I 595 square meters above ground in the voice group of Chungcheongbuk-gun;

Reasons

1. Facts of recognition;

A. On October 26, 1979, the ownership transfer registration of D was cancelled on July 1, 1985, and the ownership registration was restored in F’s name in the original state of non-registration. The ownership registration of D was transferred to D in accordance with the Act on Special Measures for the Development of Special Measures, etc.

B. After that, as the registry was compiled with respect to the instant land, registration of preservation of ownership was completed in G’s name, F’s heir on June 26, 1989, and the Plaintiff purchased the instant land from G on April 26, 1990 and currently owns it.

C. Meanwhile, after January 1, 1985, the defendant issued an order of this case on the ground of this case.

In each part of the above paragraphs (4) through (10) on the ground, the instant land is occupied by owning 2 boxes of earth, bricks, strawing roof warehouses, cement blocking (part of wood) residential facilities, cement string roof warehouses, wooden string roof warehouses, wooden strings (non-foresting facilities), cement block roof toilets, cement stringing roof toilets, and plastic houses (hereinafter collectively referred to as “instant buildings”).

The amount equivalent to the rent when there is no security deposit from March 1, 2008 to January 31, 2018 concerning the instant land is KRW 19,725,742, and the monthly rent from February 1, 2018 is KRW 26,262.

[Ground of recognition] Facts without dispute, Gap's evidence 2, Gap's evidence 2, Gap's evidence 4, Eul's evidence 2, Eul's evidence 2 to 4, the result of the judgment of the first instance court's expert witness J's evaluation, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the Defendant owned the instant building on the ground of the instant land owned by the Plaintiff and possessed the instant land. Thus, the Defendant, barring any special circumstance, removed the instant building to the Plaintiff, delivered the instant land, and as requested by the Plaintiff, KRW 19,725,742 equivalent to the monthly rent from March 1, 2008 to January 31, 2018, and the instant case.

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