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(영문) 의정부지방법원고양지원 2016.01.29 2015가단11673
건물철거 및 임대료 등
Text

1. The Plaintiff:

A. Defendant C Co., Ltd.: (a) is in the amount of 59.47 square meters of the housing of the 1st floor mentbelon on the ground of Pakistan-si D. D.

Reasons

1. Basic facts

A. The Plaintiff is the owner of D major 166 square meters in Pakistan-si (hereinafter “Plaintiff-owned land”).

B. Defendant B owned a building located on the said land as divided ownership with other co-ownership right holders of the said land, which is the co-ownership right of 1181 square meters, adjacent to the Plaintiff’s land. However, while expanding the said building, part of the said building exceeded 22 square meters as indicated in the annexed drawing among the instant land (hereinafter “instant building”), and as to the said building, the 1st floor multi-story housing of 59.47 square meters and the registration of preservation of ownership was completed.

In addition, the above defendant possessed 141 square meters of land owned by the plaintiff during the front day of the above building (hereinafter "the site in this case").

C. Accordingly, the Plaintiff removed the part over the land owned by the Plaintiff among the instant building, delivered the part occupied and used by the Defendant among the instant building sites, and filed a lawsuit seeking the payment of KRW 10,221,880 due to unjust enrichment and delinquency equivalent to the rent from 2001 to 2010.

In the above lawsuit, the Plaintiff and Defendant B, on March 21, 2012, concluded an adjustment to the effect that the said Defendant removed the aforementioned illegal extension until September 30, 2012, deliver the said site to 141 square meters, and waive the rent claimed by the Plaintiff.

E. As of April 23, 2013, Defendant B completed the registration procedure for transfer of ownership in the name of C, the representative director of which is F, with respect to the instant building. As of the date of the closing of argument in the instant case, the Defendants occupied the instant building and the instant site, and installed and used a toilet, warehouse, and open temporary building on the said site.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination as to claims for removal, delivery, etc. of the building

(a) removal of buildings;

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