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(영문) 서울중앙지방법원 2018.12.20 2018가단5040825
건물등철거
Text

1. The defendant is against the plaintiffs:

A. Of the area of 196.3 square meters in Gangnam-gu Seoul Metropolitan Government, the attached drawing indication 29, 1, 13, 14, 15, 18, 19, 20

Reasons

1. Facts of recognition;

A. On July 24, 2017, the Plaintiffs completed the registration of ownership transfer with respect to each of 1/2 shares out of the Gangnam-gu Seoul Metropolitan Government D 196.3 square meters (hereinafter “instant site”). On September 21, 1999, the Defendant completed the registration of ownership transfer with respect to the Gangnam-gu Seoul E site (hereinafter “Adjoining site”) adjacent to the instant site and its ground buildings.

B. Part of the fences and warehouses attached to the above building was invaded by the following.

In other words, a cement brick fence fence connected each point of (1) section 13, 30, 14, 15, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29, in sequence, the part (2) of the ship connected each point of (1) section 13, 30, 14, and 13 square meters in order of the same map as 1.21 square meters among the land in this case. The part (3) part (2) of the ship connected each point of (1) section 13, 30, 14, and 13 square meters in order of the same map among the land in this case. The warehouse of the cement brick stone stone board is 0.35 square meters in part (3) of the ship connected each point of (14,30, 5, 15, and 14 of the same map.

(hereinafter referred to as “the instant site part”) C.

Meanwhile, the land rent from July 24, 2017 to September 21, 2018 is KRW 1,176,000. The land rent for the part of the above (i) part of the instant building site is KRW 55,490 per month, the land rent for the said part of (ii) part of the instant building site is KRW 16,050 per month, and the land rent for the said part of (c) part of the instant building site is KRW 12,840 per month.

[Ground of recognition] Evidence Nos. 1 through 5, each entry of Evidence Nos. 1 through 5, the appraiser F of this court, and G, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, as long as the defendant fails to prove that he has the right to possess and use the site of this case, he is obliged to remove the above fences and warehouses installed on the ground of the part of the site of this case, and deliver the part of the site of this case to the plaintiffs.

In addition, the defendant is obligated to return the profits gained by occupying and using the land of this case to the plaintiffs.

Generally, real estate;

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