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(영문) 제주지방법원 2014.09.19 2013가단5243
건물철거 및 토지인도 등
Text

1. The defendant

(a) remove the houses listed in paragraph 2 of the attached list and the land listed in paragraph 1 of the attached list;

Reasons

1. Facts of recognition;

A. The land listed in attached list No. 1 (hereinafter “instant land”) was owned by C. The Plaintiff purchased the instant land on May 8, 2007 in the Jeju District Court D Voluntary Auction proceeding and completed the registration of ownership transfer on May 14, 2007.

B. On the instant land, the houses listed in attached Table 2 (hereinafter “instant house”) are constructed, and the Defendant owned the instant house on April 12, 2004 and occupied the instant land.

C. From May 14, 2007, the annual rent for the instant land from May 14, 2007 to July 4, 2014 sought by the Plaintiff, as indicated below.

On May 14, 2007 through May 7, 2008, 1,970,156 (57,072,000 x 0.035 x 365) from May 8, 2008 to May 7, 2009; 1,97,520 from May 8, 2009 to May 7, 7, 2009; 1,894,200 on May 6, 8, 2010 to May 7, 2010 to May 6, 206 to 30, 207; 1,97, May 7, 201 to 1, 2007; 205 to 36.4, respectively, and 5.8, 201 to 36,5, 2018;

2. Determination as to removal of buildings and request for delivery of land

A. According to the above facts of determination as to the cause of claim, the defendant is obligated to remove the house of this case on the ground of the land of this case and deliver the land of this case, which is the site, to the plaintiff who exercises the right to claim the removal of disturbance based on ownership, unless there is no legitimate title to occupy the land of

B. As to the Defendant’s defense, the Defendant owned both the instant land and the instant land, while F donated the instant land to G, its grandchildren, thereby having changed in its owners. G acquired statutory superficies under customary law. The Defendant, who purchased the instant land from G, by subrogation of the Plaintiff.

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