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(영문) 수원지방법원안산지원 2017.05.16 2016가단59112
건물철거등
Text

1. The defendant against the plaintiff deceased Gap's attorney Eul, the defendant

(a) Osan-si members D ground, 17, 15, 15, indicated in the attached Form 1.

Reasons

1. The following facts do not conflict between the parties or can be acknowledged in full view of Gap evidence No. 1, Gap evidence No. 5, Gap evidence No. 7, and the appraisal results for the Korea Land Information Corporation and the purport of the whole pleadings as a result of appraiser E's replacement.

The land of this case was owned by A, while A died on June 21, 2016, the Plaintiff was solely inherited the land of this case following consultation on the division of inherited property among heirs.

B. The Defendant has occupied and used the instant land without title since before 1991 by constructing a new building on the instant land. The Defendant currently used the instant land with the indication of the attached drawing Nos. 17, 15, 14, 19, 18, and 17 in sequence on the instant land, and with the indication of the attached drawing Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 16, 24, 36, 36, 34, 36, 36, 44, 36, 36, 44, 2, 35, 2, 2, 3000 square meters of the attached drawing Nos. 91,21,222,23,24,25,27,29,30,313,4,4,36,

C. Meanwhile, from April 12, 2006 to November 11, 2016, the rent for the instant land is KRW 17,485,775 in total, and the rent thereafter is KRW 154,275 in total.

2. Determination as to the cause of action

A. According to the defendant's duty to remove the building and deliver the land, and the fact that the defendant did not assert and prove that he/she had the right to occupy the land of this case, the defendant removed the building on the land of this case to the litigant (the first inherited), who is the owner of the land of this case, and deliver the land of this case, and on April 12, 2006 due to the possession and use of the land of this case.

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