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(영문) 의정부지방법원고양지원 2017.06.08 2016가단75476
건물등철거
Text

1. The defendant shall be the plaintiff.

A. Of the 13,115 square meters of B forest land in Pakistan, the attached Form “2” portion shall be 352 square meters of military roads.

Reasons

1. Basic facts

A. On February 26, 2016, the Plaintiff completed the registration of ownership transfer with respect to B forest land B 13,115 square meters (hereinafter “instant land”).

B. The Defendant, among the instant land, uses a total of 762 square meters, including 352 square meters, 332 square meters, 32 square meters, 32 square meters, 37 square meters, 27 square meters, 22 square meters, 26 square meters, 762 square meters, and 26 square meters, among the instant land, as military roads, traffic signs, and military dust areas (hereinafter “instant military facilities”).

C. The amount equivalent to the rent that can be received when leasing 762 square meters of the site for the instant military installation is KRW 851,916 in total from February 26, 2016 to March 25, 2017, and KRW 65,532 in March 26, 2017.

[Ground of recognition] A without dispute, each entry or video of Gap evidence 1 through 3 (including a branch number if there is a tentative number), the result of the appraiser C’s request for a survey appraisal, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts as to the cause of the claim, barring any special circumstance, the Defendant is obligated to remove military installations installed on the instant land and deliver the land to the Plaintiff, and pay the Plaintiff the amount calculated by applying the rate of KRW 851,916 as unjust enrichment equivalent to the rent, and damages for delay (15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 20, 2017 to the date of complete payment) and the amount calculated by applying the rate of KRW 65,532 per month from March 26, 2017 to the date of delivery of the land or the date of loss of ownership.

B. As to the Defendant’s assertion, the Defendant infringes on the important public interest of national security when removing the military installations of this case. The land of this case is designated as a restricted protection zone under the Protection of Military Bases and Installations Act, and even if the military installations of this case are removed, there is little benefit that the Plaintiff may gain. Thus, the Plaintiff sought removal of the military installations of this case.

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