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(영문) 인천지방법원 2016.10.20 2014가단257126
건물명도
Text

1. The defendant shall be the plaintiff.

A. Of the size of 575 square meters prior to Incheon Gyeyang-gu, each point of the attached Form 1, 2, 3, 4, and 1 shall be in sequence.

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 6, the results of the appraiser C's survey and appraisal, and the purport of the entire pleadings as a result of appraiser D's clinical appraisal.

On December 29, 2008, the non-party Korea Land Trust Co., Ltd. (hereinafter referred to as the "Korea Land Trust") entered into a trust agreement with E, the owner of 575 square meters (hereinafter referred to as the "the land of this case") prior to Gyeyang-gu Incheon, Gyeyang-gu, Incheon, and received the registration of ownership transfer due to the same day trust. On the same day, E acquired, in sequence, 182 square meters of an unauthorized building (hereinafter referred to as the "building of this case") located in the part of paragraph (a) on the part of the land of this case among the land of this case from E.

B. On October 27, 2009, the Plaintiff purchased the instant land from the Korea Land Trust on October 27, 2009 and received ownership transfer on October 29, 2009 for an urban development project. On the same day, the Plaintiff acquired the instant building and acquired the right to use and profit from the instant building.

C. Since October 29, 2009, the Defendant has been occupying and using the instant building, and has manufactured the U.S., tape, industrial knife, etc. with the trade name F.

Meanwhile, from October 30 to April 29, 2016, the sum of monthly rents for the part (the instant building site) occupied by the Defendant among the instant land from October 30, 2009 to April 29, 2016, is KRW 34,385,511, and the monthly rents from April 30, 2016 are ratified as KRW 432,917.

2. The assertion and its judgment

A. According to the facts of the determination as to the cause of the claim, the Defendant, the owner of the instant land and the building, delivers the portion (A) of the building without permission on the part (a) of the building without permission, in sequence, to the Plaintiff, which is the owner of the instant land and the building, with the indication of the attached drawing Nos. 1, 2, 3, 4, and 1, and 34,385.

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