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(영문) 광주지방법원 2019.07.03 2018가단6025
건물철거 및 토지인도 등
Text

1. The defendant shall be the plaintiff.

A. Of the area of 370 square meters in Seo-gu, Gwangju Metropolitan City, each point of the indication of the annexed drawings 1, 2, 3, 4, and 1 shall be in sequence.

Reasons

Basic Facts

A. In the case of compulsory auction of real estate D in Gwangju District Court, the Plaintiff was awarded a successful bid on December 13, 2017, with a building of 370 square meters in Seo-gu, Gwangju Metropolitan City (hereinafter “instant land”) and a building of 60 square meters in cement block structure, cement block structure, and one-story house on its ground (hereinafter “instant registered building”).

B. On the instant land, in addition to the instant building, there are the following areas: a red view of unregistered buildings; a part of 1.5 square meters of housing of the asbestos slate roof 1.5 square meters; a 88.7 square meters of housing of the lusium 88.7 square meters; a lusium 45.4 square meters of housing of the lusium lusium lusium 45.4 square meters; a lusium lusium and a lusium 12.2 square meters of a boiler and a warehouse 12.8 square meters of a lusium lusium lusium lusium 12.8 square meters of each of the instant buildings

[Grounds for recognition] Each entry of Gap evidence Nos. 1 and 3, and the purport of the entire argument by the plaintiff's assertion is that the defendant, who is the mother of the former owner E of the land of this case, occupies and uses the unregistered building of this case as the actual owner. Thus, the defendant is obligated to remove each unregistered building of this case and deliver each of the above parts to the plaintiff as a exclusion of interference based on ownership. The defendant occupies each of the unregistered building of this case from December 14, 2017 to March 25, 2019 on the date following the date of acquisition of the plaintiff's ownership of the land of this case, thereby gaining unjust enrichment equivalent to the rent for the land of this case and causing damage to the plaintiff. Thus, the defendant is obligated to pay to the plaintiff the amount of unjust enrichment of 8,902,900 won, and from March 26, 2019 to March 581,500 won, calculated by the defendant's possession or loss of the plaintiff's ownership.

Each unregistered building of this case, which is the whole owner of the land of this case, was newly constructed by E, and the plaintiff received a successful bid in the real estate auction procedure, and land and buildings owned by the same person.

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