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(영문) 춘천지방법원 2015.08.12 2014가단7257
건물철거 및 토지인도
Text

1. The defendant shall be the plaintiff.

A. Each of the attached drawings 12, 11, 10, 9, 8, 7, and 12, on the ground of 944 square meters in the Hongcheon-gun of Gangseo-gu, Hongcheon-gun.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 5 and the whole purport of arguments as a result of a request for measurement and appraisal by this Court:

On September 28, 2010, the Plaintiff owned the instant land by being awarded a successful bid in a voluntary auction procedure with Hongcheon-gun, Hongcheon-gun, Hongcheon-gun (hereinafter “instant land”). On August 13, 2013, the Defendant owned a building indicated in the attached list on the land adjacent to the instant land by being awarded a successful bid in the voluntary auction procedure.

B. The building indicated in the attached list is located in part within 19m2 in the ship (B) part of the attached list, which connects each point of the following points in sequence, among the land of this case, which was partially newly constructed within the land of this case, and is located within 12, 11, 10, 9, 8, 7, and 12.

(2) Of the building indicated in the attached list, the part of the instant land, which was newly constructed as part of the instant land, is “the instant building” and the said part of the instant land, which is used as the site for the instant building, is “the instant land” (hereinafter “instant land”). 2. Determination as to the Plaintiff’s claim on February

A. According to the facts of the removal of the building in question and the above recognition of the part on the delivery of the land in question, since the building in question owned by the defendant was partially invaded and newly constructed, the defendant has a duty to remove the building in question to the plaintiff and deliver the land in question to the plaintiff, unless there is a legitimate title that the defendant can occupy and use the land in question.

B. The amount of profit from the possession and use of the ordinary real estate is equivalent to the rent of the real estate. According to the result of the court’s entrustment of appraisal of rent, the rent for the land in dispute in this case is 50,880 won per annum from September 28, 2012 to September 27, 2013 (4,240 won per annum from September 28, 2013 to September 27, 2014 (4,370 won per annum), and is 52,440 won per annum from September 28, 2013 to September 27, 2014 (4,370 won per annum), and is 53,880 won per annum (4,490 won per annum) after September 28, 2014.

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