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(영문) 수원지방법원안산지원 2016.09.02 2014가단107093
건물등철거
Text

1. The Plaintiff:

A. Defendant B, among the buildings listed in Appendix 1 List 2, shall indicate the attached Form 2 drawings 31, 1, 51, 1, 6.

Reasons

1. Determination as to the claim against the defendant B

A. Facts of recognition 1) Defendant B is a building listed in attached Table 1 List 2 (hereinafter “instant building”).

On February 12, 1991, the registration of ownership transfer was completed on February 26, 1991 on the ground of sale and purchase, and the Plaintiff acquired ownership. 2) The Plaintiff acquired ownership after completing the registration of ownership transfer on June 14, 1999 on the land listed in [Attachment 1 List 1 List 1 List 1 (hereinafter “instant land”).

3) Of the instant building, an area of 39 square meters in the ship (hereinafter “the instant area of dispute”) connected in sequence 39 square meters, among the instant buildings, each of the items indicated in drawings 2, 31, 41, 51, 61, 71, 31, and 31.

(3) Of the instant land, the part of the ship (hereinafter referred to as “land in dispute of this case”) 39 square meters connected in turn to each of the items indicated in the attached drawings 2, c. 1, 41, 51, 61, 71, 31, and 39 square meters, among the instant land.

) Ground is located on the ground (other than the building in the dispute part of the building in this case among the buildings in this case, the remainder is located on the ground of H forest land in Ansan-gu, Seoul Special Metropolitan City owned by the third party.

(i) [In the absence of dispute over the grounds for recognition, entry of Gap evidence 1 and 6, the result of a request for measurement and appraisal of the President of the mountainous district within the Republic of Korea Land and Information Corporation, the purport of the whole pleadings;

B. According to the facts of recognition of the claim for removal and delivery, Defendant B possessed the building on the land in the dispute of this case on the ground of the land in this case without a legitimate title. Thus, Defendant B is obligated to remove the above building and deliver the above land to the Plaintiff. According to the above facts of recognition of the claim for return of unjust enrichment, Defendant B occupied the above land without a legitimate title by owning the building on the land in the dispute of this case on the ground of the land in this case. Accordingly, Defendant B obtained profit equivalent to the rent of the above land and suffered damage equivalent to the same amount to the Plaintiff.

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