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(영문) 전주지방법원 2018.08.23 2017가단4944
건물등철거
Text

1. The Defendant (Appointed Party) and the Appointors jointly do so to the Plaintiff:

(a) Attached Form 214.9 square meters out of Yansan-gu, Jeonju-si C.

Reasons

1. Facts of recognition;

A. The Plaintiff acquired ownership by completing the registration of ownership transfer on February 18, 2016, with respect to the 214.9 square meters of Yansan-gu Seoul Metropolitan City, Jeonju-si.

B. The Defendant (Appointed Party) and the designated parties (hereinafter referred to as the “Defendants”) share “C land”, “D land”, “D land”, and “D land-based buildings” and “D land-based buildings” as “D land”, “D land” and “D land-based buildings”, respectively.

C. A building D is constructed with outer walls and columns on the ground level of 7.4 square meters on the part of (B) part of the attached drawing indicating 1,8,9,10,11,7, and 1 connected in sequence with each of the items in the attached Form 1,8, 9, 10, 11, 7, and 1. The amount equivalent to rent for the said 7.4 square meters is 315,200 won (one year, 3,782,40 won) from February 18, 2016 to February 17, 2017; and 346,700 won from February 18, 2017 to October 25, 2017 (2,850,10 won in total during the aforementioned period).

[Reasons for Recognition] The facts without dispute, entry of Gap evidence 1 through 5 (including the branch numbers, if any), the appraiser of this court, the Korea Land Information Corporation, the results of each appraisal commission to E, the purport of the whole pleadings

2. Determination on the claim of this case

A. 1) Determination as to the cause of the claim is based on the facts recognized earlier. Since D buildings owned by the Defendants, as seen earlier, have been affected by the Plaintiff’s land size of 7.4 square meters, the Defendants, barring special circumstances, jointly and severally, are obligated to remove cement block fences and fixtures on the ground level of 7.4 square meters on the part of the ship (B) and deliver the said part of land to the Plaintiff (the Defendant’s above removal and delivery obligation are indivisible by nature).

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