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(영문) 춘천지방법원 2017.05.11 2016가단51883
토지인도
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, the Attached Form No. 10, 12, 13, 15, 14, 9,10 shall apply.

Reasons

1. The following facts do not conflict between the parties, or each entry in Gap evidence 1, Gap evidence 2, Eul evidence 3-2, Eul evidence 1, Eul evidence 2, Eul evidence 3, Eul evidence 3, and the result of this court's request for survey and appraisal with respect to the Korea Land Information Corporation, it can be acknowledged in full view of the purport of the whole pleadings as a result of the request for appraisal with respect to the difference between the parties, and there is no counter-proof.

On March 17, 2016, the Plaintiff paid the sale price for the instant land in the Chuncheon District Court C compulsory auction case against the real estate listed in the separate sheet (hereinafter “instant land”) and completed the registration of ownership transfer for the instant land on March 17, 2016.

B. On the ground of this case, the Defendant installed 4m2 above the part of “B” on the ground of the attached Form 10, 12, 13, 15, 14, 9, and 10, which connects each point of which is indicated in the attached Form 10, 12, 13, 15, 14, 14, 9, and 10, and attached Form 3, 4, 7, 8, 16, and 12, which connects each point of which is indicated in the attached Form 3, 4, 7, 16, 16, 14, 14, and 10, which connects each point of which is indicated in the attached Form 10, 11, 11, 2, 3, 16, 15, 13, 12, and 10, and used as the parking lot of the part “B” on the ground of this case.

C. On March 17, 2016, monthly rent of the instant land is KRW 969,000 per square meter (3,800 per square meter) and on February 16, 2017, monthly rent is KRW 1,017,450 per square meter (3,90 per square meter).

On September 19, 2016, the Defendant paid KRW 4,800,000 to the Plaintiff as a rental fee for the instant land.

2. Determination

A. The Plaintiff’s assertion is reasonable from March 17, 2016 to February 16, 2017. The Plaintiff established the instant structure as the owner of the instant land, removed the instant structure to the Defendant being used as the parking lot site, and transferred the occupied part of the instant land.

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