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(영문) 인천지방법원 부천지원 2021.02.24 2019가단17425
토지인도
Text

The Defendant

(a) remove, with respect to shares 76,00,500,500 of 608,449,870, real estate stated in the separate sheet;

Reasons

In addition to the purport of Gap evidence Nos. 1 and 2, the plaintiff filed for the registration of the transfer of shares on March 26, 2019 for shares 239,824/317,50 of D land (hereinafter "land of this case") in Kimpo-si, Kimpo-si on March 26, 2019, the plaintiff is constructed on the land of this case as indicated in the attached list (hereinafter "building of this case") on the ground of 153 square meters for each part of the connected land (hereinafter "building site of this case"). The defendant can recognize the fact that he/she is the owner of shares on the ground of 608,49,70/70,000,505 shares of the building of this case.

According to the above facts, the defendant possessed the site of this case as co-owner of the building of this case.

As such, the plaintiff can seek the removal of the building of this case and the delivery of the building site of this case as the act of preserving the jointly-owned property.

Therefore, the Defendant is obligated to remove the instant building with respect to the share of 76,00,505/608,449,870 to the Plaintiff and deliver the instant building site to the Plaintiff.

B. According to the evidence evidence evidence evidence No. 1 of A, the Defendant is obligated to pay to the Plaintiff unfair profit payment calculated by the ratio of the Plaintiff’s share ratio to KRW 27,052 per month from March 26, 2019 to the completion date of delivery of the building site of this case (i.e., KRW 1,874.016 x 153 x 239,824/317,50 x 76,000,500 x 76,000,505/608, 408, 870 x below the unit).

If so, the plaintiff's claim is justified.

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