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(영문) 부산지방법원 2020.10.13 2019가단331590
건물등철거
Text

1. The defendant is against the plaintiffs:

A. Of the land size of 2,579 square meters in Busan East-gu, Busan-dong, Busan-gu, 36 to 53, 25, 26, 54.

Reasons

1. Facts of recognition;

A. On December 4, 1976, the Plaintiffs completed the registration of transfer of ownership on the land of 2,579 square meters for C, 595 square meters for D forest land, 6,645 square meters for E, and 6,645 square meters for each of the instant land (hereinafter “each of the instant land”).

B. From March 2012, as part of the “Dongdong-gu F Landscape Creation Project,” the Defendant began to install a string to utilize it as a view and a book space for residents’ view. Of each of the instant lands without the Plaintiffs’ consent, the Defendant installed a string on the land of 262 square meters in part of “C,” part of “ 40 square meters in size,” “ 10 square meters in size,” and “car” part of “10 square meters in size and 26 square meters in size in size. The Defendant finally completed the installation of each of the instant parts around August 27, 2017, and is in possession and management of the Defendant up to that day.

[Reasons for Recognition] Facts without a partial dispute, Gap 1 to 3 evidence, Eul 1 to 5 evidence (including paper numbers; hereinafter the same shall apply) or video, the result of this court's request for surveying and appraisal to the Busan Do Vice Governor of the Korea Land Information Corporation and Busan Do, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts found above, the defendant, as the owner of each of the lands of this case, is obligated to remove and deliver the above C, F, I, and C, I, and C, I, to the plaintiffs claiming the removal of interference as the owner of each of the lands of this case.

B. In addition, according to the facts found above, the defendant is obligated to pay unjust enrichment equivalent to the rent due to the possession and use of each of the lands of this case by occupying and using the lands of this case (Da, Ba, Ba, and car) and thereby causing damages to the plaintiffs. Thus, the defendant is obligated to pay to the plaintiffs unjust enrichment equivalent to the rent due to the possession and use of each of the lands of this case (Da, Ba, Ka, and car).

C. Furthermore, regarding the amount of unjust enrichment, this Court’s appraiser G.

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