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(영문) 인천지방법원 2018.10.30 2018나52399
건물철거 및 토지인도 등
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant), attached Form 1.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. As to the real estate listed in the separate sheet No. 1 (hereinafter “instant land”), F has completed the registration of ownership transfer on June 15, 199, and G has completed the registration of ownership transfer on September 18, 2002, and the Plaintiff acquired the ownership in the process of the Incheon District Court D's auction on January 26, 2006 and completed the registration of ownership transfer under the name of the Plaintiff on February 2, 2006.

B. The Defendants, as co-owners of the instant land, occupied and used the instant land by occupying and using the instant land as part of (B) part 32 square meters in the ship (hereinafter the instant building is the instant building, and the entire building including the instant building is the instant building) connected with each point of 29 square meters in sequence among the items indicated in the drawings Nos. 1, 2, 3, 4, 5, 6, 7, 8, and 1, 9, 10, 11, 12, and 9.

C. The Plaintiff filed a lawsuit against the Defendants against the Incheon District Court 2006Kadan131526, seeking the removal of buildings, delivery of land, and return of unjust enrichment equivalent to the rent. On July 25, 2007, the following mediation was established (hereinafter “instant mediation”).

1. The Plaintiff shall set a lease deposit of KRW 200,000,000 per month (payment on July 25, 2007) with the lease deposit of KRW 3 million for five years from July 25, 2007, on the attached Form 3 (a) and part 39.67 square meters and (b) part 23.14 square meters in the attached Form 3 among the 337 square meters in Jung-gu, Incheon.

2. The Defendants shall pay, on July 25, 2007, one million won out of the rent of 3.6 million won in arrears as of July 25, 2007, to the Plaintiff, and shall pay, until August 25, 2007, the sum of 5.6 million won in arrears, including the remaining rent of 2.6 million won in arrears and the lease deposit of 3 million won in arrears. If the above amount is not paid by the payment date, the Defendants shall pay to the Plaintiff the damages for delay calculated at the rate of 20% per annum from the date following the above payment date to the date of full payment.

The plaintiff around October 6, 2016.

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