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(영문) 서울중앙지방법원 2019.10.17 2018가단5182491
건물등철거
Text

1. As to the Plaintiff’s share 11/20, Defendant C, D, and E’s share 2/20, Defendant F, G, and H are as follows.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased the instant land from J on November 1, 2013, and completed the registration of ownership transfer on November 27, 2013.

B. The Defendants are co-owners who completed the registration of ownership transfer on September 22, 2016, with respect to each of the 1/20 shares as to the 11/20 shares, Defendant C, D, and H, with respect to each of the 1/20 shares as to the 1/20 shares, and Defendant F, G, and H, with respect to each of the 1/20 shares as to the 1/20 shares as to the said 1/20 shares, and each of the 1/20 shares as to the said donation on September 22, 2016.

C. The Defendants’ buildings are constructed by bed the part of the instant bed part of the instant land.

The monthly rent from November 27, 2015 to November 26, 2016 is KRW 140,430, and the monthly rent from November 27, 2016 to November 26, 2017 is KRW 143,050 (the fixed rent is KRW 1,716,60), and the monthly rent from November 27, 2017 to November 26, 2018 is KRW 145,230 (the fixed rent is KRW 1,742,70), and the monthly rent is KRW 145,230 (the fixed rent is KRW 1,742,70), from November 27, 2018 to November 26, 2019, KRW 143,053 (the fixed rent is KRW 1,530,000) and the monthly rent is from November 27, 2018 to November 26, 2019.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 (including branch numbers for those with additional numbers), Gap evidence Nos. 4, Eul evidence Nos. 2, 6, and 7 (including branch numbers for those with additional numbers), each video of this Court’s Korea Land Information Corporation Seoul Vice-Governor and appraiser M, the purport of the whole pleadings as a result of each entrustment of appraisal by the appraiser,

2. Determination as to the cause of action

A. According to the above facts of recognition, the defendants owned and occupied the defendants' building on the ground of the part of the violation of this case and thereby interfered with the plaintiff's exercise of land ownership. Thus, barring any special circumstance, the defendants remove the defendants' building installed on the ground of the part of the violation of this case, and deliver the part of the violation of this case to the plaintiff, and jointly deliver the land of the part of the violation of this case.

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