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(영문) 수원지방법원 평택지원 2017.03.09 2016가단7208
건물철거 등
Text

1. The Plaintiff:

A. Defendant B, respectively, indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, and 1 on the ground of 664 square meters in Pyeongtaek-si E-si.

Reasons

1. Basic facts

A. On July 23, 1980, the Plaintiff completed the registration of ownership transfer on January 14, 1982 due to the inheritance of property due to the consultation division on July 23, 1980.

B. Defendant B newly constructed a 13 square meters of a warehouse of a brick studio on the instant land (hereinafter “instant house”; the “instant warehouse”; the instant site was registered in the general building ledger on 1983, and was registered in the general building ledger on 1983, and was living in the instant housing, until now, and Defendant C and D occupy the instant housing, in the order of 71 square meters of the brick studio housing in the part of the brick string roof and 71 square meters of the drawings attached hereto, and 6,5,9,8, and 6,5, and 8, and 66.

[Ground of recognition] Facts without dispute, Gap's evidence 1, 4, Eul's evidence 1, Eul's evidence 1, the result of this court's commission of appraisal to the suspension agent at Bupyeong-si National Land Information Corporation, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, Defendant B, as the original acquisitor of the instant housing and warehouse, occupied the occupied portion of the instant land, thereby gaining profit equivalent to the above land use profit, and thereby causing damage equivalent to the above amount to the Plaintiff.

Defendant C and D interfered with the exercise of the Plaintiff’s land ownership due to the possession of the instant house.

Unless there are special circumstances, Defendant B is obligated to remove the instant house and warehouse, deliver the occupied portion of the instant land to the Plaintiff and return the unjust enrichment from the clinical party to the time of delivery of the said land, and Defendant C and D are obligated to withdraw from the instant house.

On the other hand, the plaintiff sought to leave the house and warehouse of this case against the defendant B, but the owner of the building owns the land owned by others through the ownership of the building.

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