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(영문) 춘천지방법원 2016.07.07 2015가단994
건물철거 등
Text

1. The defendant shall be the plaintiff.

A. Of the 498 square meters of land in the Dowon Hongcheon-gun, the respective points are indicated in the attached Form 14, 16, 17, 13, and 14.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged in full view of the following facts: Gap evidence 1-1; Gap evidence 3-1-6; appraiser E’s fee appraisal results; the purport of the entire pleadings as a result of the request for surveying and appraisal of the Korea Land Information Corporation; and there is no counter-proof.

On August 7, 2003, the Plaintiff completed each registration for the transfer of ownership with respect to the area of 498 square meters in Hongcheon-gun, Hongcheon-gun, Seocheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun (hereinafter “each of the instant real estate”).

B. From around 1985, the Defendant owned a vinyl house in sequence with each point of 14, 16, 17, 13, and 14 on the ground of 51m2 in the part inside the ship (A), which connects each point of 51m2, among the items of 4, 16, 17, 13, and 14 in the annexed drawing among the items of 4, 198m2, and a prefabricated-gun, Hongcheon-gun, Seocheon-gun, Seocheon-gun, Seoul, with each point of 2,3,4, 23, 22, 21, 20, 19, 18, and 19m2 on the ground of 19m2, which connects each point of 19m2, a house building with each other of 6,7, 25, 24, and 6m21m2 on the ground of 21m2, 39,40, 41, and 37.

(hereinafter “the part occupied by the Defendant”) C.

The monthly rent from February 1, 2010 to December 31, 2015 of the instant portion occupied by the Defendant is KRW 1,342,950 in total, and the monthly rent from February 1, 2015 to December 31, 2015 in total is KRW 19,360 in each month.

2. According to the facts of the above recognition, the Defendant, the owner of each of the instant real estate, is obligated to remove each of the buildings, vinyls, and toilets on the ground occupied by the Defendant, and deliver the part occupied by the Defendant to the Plaintiff. As a result of the Plaintiff’s acquisition date of ownership, the Defendant is obligated to pay unjust enrichment equivalent to the rent in proportion to the annual rent of KRW 1,342,950, the sum of the rent from February 1, 2010 to December 31, 2015, the Plaintiff sought from February 1, 2010 and from January 1, 2016 to the completion date of removal and delivery.

As to this case, the defendant.

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