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(영문) 대전지방법원홍성지원 2015.11.25 2015가단1574
건물등철거
Text

1. The Defendants jointly do so to the Plaintiff:

A. Of the lands listed in paragraph 1 of the attached list, the Attached Form 1 through 6.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. In fact, the Plaintiff purchased each land listed in the separate sheet in the procedures for compulsory auction by red branch of the Daejeon District Court, and completed the registration of ownership transfer on February 4, 2015 with respect to each of the above lands on the grounds of a compulsory auction by official auction on January 30, 2015.

The Defendants, as co-owners (each share of 1/2) of the buildings listed in Paragraph (1) of the unregistered Disposition No. 1 (hereinafter “instant building”), use part of 172 square meters (hereinafter “instant land”) connected in order to each point of the land listed in the attached Table No. 7, 8, 16, 17, 14, 15, and 7 among the land listed in the attached Table No. 1 of the attached Table No. 1 and the land listed in the attached Table No. 2 of the attached Table No. 2 as the site for the instant building.

The rent from January 30, 2015 to October 7, 2015 for the instant land is KRW 2,816,000, and the monthly rent is KRW 343,00.

[Ground of recognition] Uncontentious facts, Gap 1-1, 1-2, the result of survey and appraisal, the result of survey and appraisal, the purport of the whole pleadings

B. According to the facts of the above recognition, the land in this case is presumed to be owned by the plaintiff, and the defendants occupy the land in this case, which is the site by owning the building in this case on the land in this case, and thereby obtain profits from the use of the land in this case, and thereby inflict damages equivalent to the same amount on the plaintiff.

Therefore, the Defendants jointly have the duty to remove the instant building to the Plaintiff, deliver the instant land, and return the amount equivalent to the profits from the use of the instant land as unjust enrichment.

Furthermore, as to the amount of unjust enrichment to be returned by the Defendants, the amount of profit from the possession and use of real estate in ordinary cases is equivalent to the rent of the real estate. From January 30, 2015 to October 7, 2015, the rent of 2,816,000 won for the land in this case and the rent of 343,00 won for the month is as seen earlier, and the rent of 343,000 won is the same.

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