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(영문) 서울동부지방법원 2014.01.20 2012가단43974
토지사용료등
Text

1. The Plaintiff:

A. Defendant B, (1) 6,455,545 won, and 20% per annum from January 21, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the instant land that received a successful bid on June 24, 2004 and completed the registration of ownership transfer on July 29, 2004 with respect to the real estate listed in the separate sheet 1 and 2 (hereinafter “instant land”), and the Defendant B is the owner of the instant building that completed the registration of ownership transfer on July 29, 2004 with respect to the real estate listed in the separate sheet 3 (hereinafter “instant building”) located in the government-funded E real estate auction with the Seoul District Court’s Seoul District Court’s Seoul District Court’s decision on July 9, 197 and completed the registration of ownership transfer on August 29, 197.

B. Defendant C: (a) leased the instant building from Defendant B; (b) buried in the instant building; (c) buried in the instant building; and (c) installed a mooring stand (hereinafter “the instant mooring stand”) on the part of 19.5 square meters in the ship connected in sequence to each point of No. 24, 25, 27, 26, and 24 attached drawings; and (d) operated the instant building and land; (c) installed a fence at the edge of the instant land; and (d) installed a entrance and corrective device at the edge of the instant land adjacent to the road.

[Ground of recognition] Each entry of Gap evidence 1 and 2 (including each number), each photographic image of Gap evidence 6 (including paper numbers), the result of the verification by this court, the purport of the whole argument

2. Claim for the transfer of land.

A. The plaintiff asserts that the defendants did not have the right to occupy the land of this case, and the defendants should remove the boundary of this case installed on the land of this case and deliver the land of this case.

As to this, Defendant B only leased the instant building to Defendant C, and there was no fact of allowing or ordering the use of the remainder (hereinafter “other occupied portion”) excluding the portion of 126.25 square meters (hereinafter “the site of the instant building”) among the instant land. Therefore, there is no responsibility for delivery. Of the instant land, Defendant B did not have any responsibility for delivery.

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