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(영문) 수원지방법원 2018.07.11 2017가합25447
건물철거 등 청구의 소
Text

1. The defendant is against the plaintiffs:

(a) remove each building listed in the separate sheet;

B. G land for factory at the time of chemicalization 4.

Reasons

1. Basic facts

A. From around 2011, G factory site was owned by the Defendant from around 4,149 square meters (hereinafter “instant land”). As to the instant land, the Defendant completed the registration of establishment of a mortgage on the instant land at the Industrial Bank of Korea on February 2, 2012, the establishment of a mortgage on the maximum debt amount of KRW 1,200,000,000, and the debtor’s establishment of a mortgage on August 1, 2012.

B. On April 4, 2014, the Defendant concluded a construction contract with Nonparty H Co., Ltd. to construct each of the buildings listed in the separate sheet (hereinafter “each of the buildings of this case”) on the ground of the instant land, with the construction cost of KRW 1,430,000,00, and the commencement date of construction as of April 21, 2014, and the completion date of construction as of August 30, 2014.

C. On March 2, 2017, the Korea Asset Management Corporation completed the public auction auction procedure after completing the registration of public auction on the instant land, and the Plaintiffs completed the registration of ownership transfer on October 17, 2017 with respect to the instant land on the ground of public auction, thereby Plaintiffs A 10/100, Plaintiff B 29/100, Plaintiff C 18/100, Plaintiff D 28/100, and Plaintiff E acquired 15/100 shares, respectively. At the time when the Plaintiffs acquired the ownership of the instant land, each of the instant buildings owned by the Defendant were constructed on the said land.

On the other hand, the user fee of the instant land was assessed as 161,313,120 per annum.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4, appraiser I's appraisal result, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, the defendant, as co-owners of the land of this case, has the duty to remove each of the buildings of this case, deliver the land of this case, and return unjust enrichment by occupying the land of this case. Thus, the amount of unjust enrichment is equivalent to the rent of the land of this case.

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