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(영문) 수원지방법원안양지원 2016.10.21 2015가단16024
건물철거 등
Text

1. The Defendant shall pay to the Plaintiff KRW 13,163,240 and the interest rate of KRW 15% per annum from October 22, 2016 to the date of full payment.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, Gap evidence Nos. 5, Eul evidence Nos. 3, Eul evidence Nos. 4-1 and 4-2, the images of this Court's request for the measurement and appraisal to the Vice Governor of the Korea Land and Land Information Corporation, and the whole purport of arguments.

On July 7, 1995, the Defendant completed the registration of ownership transfer based on the inheritance by agreement division with respect to the land of 5138 square meters in Mayang-gu, Ansan-gu (hereinafter “Defendant’s land”). On July 25, 2008, the Plaintiff completed the registration of ownership transfer on the land of 435 square meters (hereinafter “Plaintiff’s land”) adjacent to the Defendant’s land on July 25, 2008.

B. On July 16, 1985, the Defendant owned a unregistered building (hereinafter “instant building”) on the Defendant’s land (hereinafter collectively referred to as “the instant building”) that had not been registered on the Defendant’s land. However, on the part of the Plaintiff’s land, the instant building was built up on the part (b) 69 square meters in the line, which connects each point of the Plaintiff’s land, among the following: (a) the Plaintiff’s land, 1,2, 15, 14, 13, 11, 12, and 12.

C. On September 2016, when the instant lawsuit was pending, the Defendant removed all the part on the ground of the disputing land among the instant buildings.

2. The assertion and judgment

A. According to the above facts of determination as to the cause of claim, the defendant obtained the plaintiff's land from the date of acquiring the plaintiff's land to the date of removing the part on the ground of the dispute's land among the building of this case, thereby making use of and making profits from the dispute's land as the site of the building of this case, thereby unjust

As such, the defendant is from July 26, 2008 to July 25, 2016, which was sought by the plaintiff as the date of acquiring the plaintiff's land by unjust enrichment from the date of acquiring the plaintiff's land, before the completion date of removal of the portion of the land in dispute among the buildings in this case.

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