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(영문) 서울중앙지방법원 2015.04.30 2013가단162398
지료
Text

1. The defendant shall be the plaintiff.

A. Of the lands listed in paragraph 1 of the attached list, the annexed drawings indicated in 16, 17, 18, 19, 20, 21, 22, 23, 23.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased the land listed in attached Table 1 (hereinafter “instant land”) in the public sale procedure and paid the price in full on March 29, 2012, and completed the registration of ownership transfer on May 29, 2013.

B. Of the instant land, there are buildings listed in attached Table No. 2 (hereinafter “instant building”) constructed without permission by the Defendant on the ground of 198 square meters located within the area of 198 square meters located within the scope of 16, 17, 18, 19, 20, 20, 21, 22, 22, 23, and 16, which are linked with the items indicated in the attached Form No. 16, 17, 18,

C. Of the instant land, the sum of monthly rent from March 30, 2012 to March 29, 2014 for the portion of the intended association to be established among the instant land is KRW 461,303, and the monthly rent after March 30, 2014 is KRW 20,502.

【Ground for Recognition: Facts without dispute; Gap evidence Nos. 1 through 3; Gap evidence No. 6-1 through 10; the results of each appraisal by appraiser C and D; the fact-finding results on E surface at the time of contribution by this court; the purport of the whole pleadings

2. Determination A.

According to the above facts, the defendant who owned the building of this case and possessed the section of the Corporation which was the owner of this case among the land of this case shall remove the building of this case, and deliver the said section to the plaintiff as the owner of the land of this case, unless there are special circumstances. The plaintiff is obligated to pay the rent for the part of the corporation which was the corporation to which the above

I would like to say.

B. Since it is reasonable to determine the land rent to be paid by the Defendant to the Plaintiff as the amount equivalent to the rent for the portion of the newly established branch among the instant land, the Defendant is obligated to pay to the Plaintiff the amount calculated at the rate of KRW 461,303 (total rent from March 30, 2012 to March 29, 2014) and the rate of KRW 20,502 per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 1, 2014, the following day after the delivery date of the written application for alteration of the purport and cause of the claim and its cause, from October 9, 2014 to the date of full payment, and the amount calculated at the rate of KRW 20,502 per month from March 30, 2014 to the completion date of delivery and removal of the instant building.

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