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(영문) 춘천지방법원 강릉지원 2018.07.03 2016가단55666
건물철거 등
Text

1. Defendant E is the Plaintiff:

(a) 15, 16, 17, 18, 19, 20, and 15, each of the annexed drawings on the ground of 2,686 square meters in the East Sea, F.

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed on January 15, 1990 with respect to the land of 2,688 square meters (hereinafter “instant land”) before F in the East Sea, H and I, one half of each of them.

On October 8, 2010, J received H’s above shares, and on April 5, 2013, the Plaintiff acquired the shares by auction.

B. On December 1, 1983, K constructed a cement block house of 63 square meters (hereinafter “building No. 1”) in the part of the instant land connected in order to each point of the attached drawings No. 7, 8, 9, 10, 11, 12, 13, 14, and 7, among the instant land, around December 1, 1983, and completed registration of ownership preservation on July 8, 198.

On February 25, 2012, L succeeds to the building No. 1, and on January 14, 2016, Defendant C and B completed the registration of ownership transfer on one half of the building No. 1.

C. On December 1, 1983, Defendant D constructed a cement block block house of 39 square meters (hereinafter “building No. 5”) around December 1, 1983 and completed registration of ownership preservation on March 19, 197.

Of the instant land, Defendant E constructed a house of cement block structure 48 square meters (hereinafter “building not registered in this case”) around January 30, 1984 on the part of the ship connected each point of the attached drawing Nos. 15, 16, 17, 18, 19, 20, and 15 in sequence.

E. From around 1991, K, Defendant D, and E entered into a lease agreement with H on the part of the site of the instant building among the instant land.

Accordingly, by December 29, 2016, K or Defendants B, C, and C, and E paid rent to I by possessing the instant land either, 1, 2, and 3.

F. Of the instant land, the amount of rent equivalent to KRW 5,265,600 for the sum of KRW 226 square meters from April 5, 2013 to December 31, 2017, among the instant land, KRW 1,309,90 per annum from January 1, 2018.

[Grounds for Recognition: Evidence A Nos. 1, 2, and 4 (Partial number omitted; hereinafter the same shall apply, Evidence A Nos. 1, B 1, 2, and E.

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