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(영문) 수원지방법원성남지원 2017.06.14 2016가단208616
건물명도
Text

1. The Plaintiff:

A. Defendant C, among the area of 711 square meters in Gwangju City, indicated in the attached Form No. 21, 20, 19, 18, and 21, respectively.

Reasons

1. Facts of recognition;

A. E, from Defendant C, operated a trade name “G” by leasing a brick structure and other 116.35 square meters on the ground of the instant land owned by Defendant C, the wife of Defendant C, the Dongin-si, Gwangju Metropolitan City D 711 square meters (hereinafter “instant land”) and the Defendant B, the wife of Defendant C, a single-story structure, and other pented one story of single-rises detached houses (hereinafter “instant building”).

B. On April 29, 2009, the Plaintiff was promised to set the instant land and buildings from Defendant C and E until May 24, 2009, and the same year.

5. 18.18. F purchased the instant land from Defendant B and the instant building totaling KRW 250,000,000 from Defendant B (hereinafter “instant purchase”) and completed the registration of ownership transfer concerning the instant land and building on the same day.

C. However, unlike the aforementioned promise, E returned the instant land and buildings to the Defendants around April 2010, and the Defendants refused the Plaintiff’s request for delivery by neglecting their household tools, etc. on the instant land and buildings, and delivered the instant land and buildings to the Plaintiff only after they were to fall within September 10, 2016.

Expert H appraised as follows, from May 25, 2009 to September 10, 2016, the date following the date on which the Plaintiff was expected to receive the instant land and buildings, to be the difference of the instant land and buildings from May 25, 2009 to September 10, 2016.

The rent period for the object of appraisal of this case from May 25, 2009 to May 24, 2010 to May 24, 2010 to May 25, 2011 to May 24, 2011 to May 25, 201 to May 25, 2012; 10, 174,000 to May 25, 201; 10 to May 25, 2012; 10, 30.38, 305 to May 25, 2017; 10 to May 25, 201; 10 to May 38, 2013; 205 to May 25, 2015; 20 to May 25, 2014; 205 to May 25, 2015;

E. Meanwhile, Defendant C purchased 635 square meters adjacent to the instant land on February 25, 2009, and thereafter newly constructed a house on the same day, and connect each point of the attached drawing Nos. 21,20, 19, 18, and 21 among the instant land in sequence.

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