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(영문) 광주지방법원 2015.12.15 2014가단50567
건물철거 및 토지인도 등
Text

1. The Defendant: (a) from September 29, 2014 to September 1, 2015, to the Plaintiff KRW 31,761 per month; and (b) from the next day, to the Yong-Nam-gun, Yong-gun.

Reasons

1. The following facts may be acknowledged in full view of Gap evidence Nos. 1 to 4, Eul evidence Nos. 1-1 and 2, the field inspection results of this Court, appraiser D's survey and appraisal results, and the purport of the entire pleadings as a result of a request for a fee appraisal with respect to the head of the mining concession office before an appraisal corporation which has been a stock company.

On December 10, 1983, the Defendant completed the registration of ownership transfer on the ground of sale on May 20, 1974 with respect to the land of 152 square meters in Yong-Gun, Jeonnam-gun (hereinafter “instant land”).

B. After the Defendant purchased the instant land, the Defendant newly built and owned the steel board, such as a wooden tank, a single-story house, and a sculpture and a single-story toilet on the instant land and E ground, but did not complete the registration of ownership preservation.

C. The above buildings owned by the Defendant are annexed to the land of this case.

1. 표시 ㉠, ㉡, ㉢, ㉣, ㉤, ㉥, ㉠의 각 점을 순차로 연결한 선내 나.

Part 10 square meters is located on the ground of 100 square meters, and part of the steel board and the single-story house are located, and the same drawings are connected in each of the following: Doese, military records, military records, and military records, military records, and military records.

In part, a sculpture and a single-story toilet are located on the ground of 3 square meters in part, and the attached drawings are located.

2. Display (1), (2), (3), (4), (5), (6), (7), (9), (10), and (1) The portion inside the ship which connects each point in sequence is occupied and used as a site, etc.

The plaintiff was awarded the land of this case in the process of compulsory auction, paid in full the sale price on September 29, 2014, and completed the registration of ownership transfer on October 2 of the same year.

E. Of the instant land possessed and used by the Defendant, the amount equivalent to rent for 123 square meters is KRW 31,761 per month from September 2, 2014 to September 1, 2015 (i.e., KRW 39,250 x less than KRW 123/152, but less than KRW 123/152; hereinafter the same shall apply) and thereafter, KRW 32,773 per month (i.e., KRW 40,500 x 123/152).

2. Determination

A. According to the above facts of determination as to the plaintiff's cause of claim, the defendant, the owner of the land of this case, barring any special circumstances.

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