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(영문) 인천지방법원 2020.12.16 2019가단270681
건물인도
Text

1. The defendant. A. The defendant is the plaintiff.

Among the 721m2 in Seosan-si, Seosan-si, each point of the attached Form 8, 19, 20, 21, 22, 23, and 8.

Reasons

1. Basic facts

A. D owned 506 square meters prior to Seosan-si, E, 172 square meters prior to F, and 721 square meters prior to C (hereinafter each land is specified as Ri and lot number only).

B. Land E, F, and C are adjoining one another, and land E is located immediately on the right side of land C (hereinafter “instant land”) specified in the attached Form Form C (hereinafter “instant land”), and the following F land is adjacent to the instant land by setting up G road between G roads.

C. The Plaintiff acquired the ownership of the instant land on September 20, 2017, and the Defendant acquired the ownership of the E and F land on April 2, 2018.

After acquiring the ownership of each of the above lands, the Defendant established a container stuff in the vicinity of the instant land, etc.

However, according to the result of the boundary surveying around November 4, 2019 by the Plaintiff, the above house was located on the ground of the instant land.

E. The Plaintiff filed the instant lawsuit claiming the Defendant to remove all the buildings and structures on the ground of the instant land, deliver the instant land, and pay unjust enrichment from May 1, 2018.

F. On April 2020, the Defendant removed the houses made of container stuffs on the ground of the instant land.

However, among the instant land, the portion of the instant land, which is 12 square meters in the part of 9 square meters, which caused the damage on the ship connected with each point of 8,19,20,20,21,22,23, and 8 in sequence, remains the basis of the building (hereinafter “building basis”). A part of the G road package connects each point of 32, 12, 13, 34, 33, and 32 with the indication of the said drawings, is 12 square meters in the part on the ship.

G. According to the result of the appraisal of rent for the instant land, the rent for the instant land is KRW 141,00 for monthly rent from May 1, 2018 to April 30, 2019, KRW 1,692,00 for consecutive terms, and KRW 151,00 for monthly rent from May 1, 2019 to April 30, 2020, KRW 1,812,00 for continuous terms, KRW 1,812,00 for consecutive terms, and KRW 164,00 for May 1, 2020 to September 21, 2020, and KRW 774,00 for the said period.

[Grounds for recognition] A1 to A.

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