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(영문) 춘천지방법원 2018.07.31 2017가단5054
건물철거 및 토지인도
Text

1. The defendant shall be the plaintiff.

A. The prefabricated type D warehouse site of 376m2 on the ground of 376m2, Gangwon-gun, Seocheon-gun, and one story of the roof.

Reasons

In full view of the following facts: (a) there is no dispute between the parties concerned; (b) the Plaintiff completed the registration of ownership transfer on December 21, 200 with respect to the 376 square meters of the prefabricated-gun D warehouse site (hereinafter “instant land”); (c) from November 28, 1997 to November 28, the Defendant owned 170.5 square meters of the aggregate of the prefabricated-gun Down-gun Down-gun Down-gun, an agricultural products short-value collection center (hereinafter “instant building”); (d) the period of rent for the instant land from December 21, 200 to February 28, 2018, from March 1, 2018 to February 23, 205, the fact that the period of rent for the instant land is KRW 2,716,705, and the rent for rent for March 1, 2018 to March 24, 2018 can be acknowledged.

According to the above facts, the defendant is obligated to remove the building of this case and deliver the land of this case to the plaintiff seeking the removal of disturbance as the owner of the land of this case.

In addition, the Defendant is obligated to pay the amount of money calculated by applying the ratio of KRW 2,716,705 to the amount of unjust enrichment equivalent to the rent that the Plaintiff acquired from December 21, 2010 to February 28, 2018 and the amount of money calculated by applying the ratio of KRW 23,245 to the amount of unjust enrichment equivalent to the rent from March 1, 2018 to the date the Defendant completed delivery of the instant land.

The plaintiff's claim is justified and accepted.

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