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(영문) 대구지방법원 2015.07.17 2014가단115145
건물등철거
Text

1. The defendant shall be the plaintiff.

(a) Of the land listed in the separate sheet, each point in the separate sheet No. 1, 2, 3, 12, and 1;

Reasons

1. Indication of claim;

A. On March 19, 2014, the Plaintiff acquired ownership by paying the sale price in full on April 18, 2014 with the permission to sell the land listed in the attached list (hereinafter “instant land”) on March 19, 2014, as indicated in the attached list (hereinafter “instant land”).

(A) Evidence 1. (b)

Defendant 1) The Defendant, without any title prior to acquiring the ownership of the instant land, constructed and used approximately KRW 12,3,4,5,6,7,7, 10,11, and 12 of the land in the instant case, which was connected by the Plaintiff in sequence with the lower portion of (A) the lower portion of (B) the lower portion of the instant land, in the instant case, of approximately 10.68 square meters and approximately 12,3,4,5,6,7, 10,9,11, and 12 of the instant land, in turn, of the size of reinforced concrete structure in the instant part (B) connected in the instant case, the lower portion of (c) the lower portion of the instant land in the instant case, which was linked in sequence with each point of 101.75 square meters and 10,7,8,9,9,000 won of the instant land in a reinforced concrete structure, the Defendant obtained unjust enrichment of KRW 10,580.

C. According to the conclusion, the Defendant is obligated to remove the instant land’s housing and balcony and deliver the said land to the Plaintiff. The Defendant is obligated to return unjust enrichment equivalent to the rent calculated by the ratio of KRW 105,800 per month from April 18, 2014, the Plaintiff acquired the ownership of the instant land to the completion date of delivery of the said land.

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

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