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(영문) 창원지방법원밀양지원 2015.12.09 2014가단1333
건물철거 및 토지인도 등
Text

1. The Plaintiff:

(a) Defendant B removes each building listed in the separate sheet No. 1 and delivers the site; and

(b) the defendant.

Reasons

1. Facts of recognition;

A. On February 27, 2014, the Plaintiff was awarded a bid for a compulsory auction on February 27, 2014 and completed the registration of ownership transfer on February 28, 2014.

B. From February 27, 2014 on the instant land, Defendant B owned each building listed in the separate sheet No. 1; Defendant C used each building listed in the separate sheet No. 2; Defendant D used each building listed in the separate sheet No. 3; Defendant E used each building listed in the separate sheet No. 4; Defendant F used each building listed in the separate sheet No. 6; Defendant G used each building listed in the separate sheet No. 6; Defendant H used each building listed in the separate sheet No. 8; Defendant J owned each building listed in the separate sheet No. 3; Defendant K used each building listed in the separate sheet No. 3; Defendant C used each building listed in the separate sheet No. 4; Defendant M used each building listed in the separate sheet No. 7; Defendant N occupied each building listed in the separate sheet No. 8.

C. The amount equivalent to the rent from February 28, 2014 to June 30, 2015 of the instant land is KRW 14,322,720, and the amount equivalent to the monthly rent from July 1, 2015 is KRW 942,00.

[Ground of Recognition] Unsatisfy, entry of evidence A1 through 4 (including paper numbers), the result of the request for appraisal by this court, the purport of the whole pleadings

2. According to the above facts of determination, Defendant B, C, D, E, F, G, and H have removed each of the above-owned buildings, and deliver the site. The amount equivalent to unjust enrichment equivalent to the rent from the possession of the site of each of the building from February 28, 2014 to June 30, 2015, Defendant B shall be 471,190 won (i.e., 14,32,720 won equivalent to the rent of the entire land of this case ¡À1256 square meters of the size of the land of this case ± 41.32 square meters of the site of each of the building in attached Table 1 list 41.32 square meters of the site of this case; Defendant C shall be 90,985 won; Defendant D shall be 972,576,786 won; Defendant E shall be 576,786 won; Defendant H shall be 16,152,241,75.25 won and Defendant B shall be 1, 25.25.

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