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(영문) 제주지방법원 2017.03.27 2016가단51490
건물등철거
Text

1. The Plaintiff:

A. Defendant B is each indicated in the attached Form No. 15, 16, 17, 18, 19, 20, and 15 among the area of 257 square meters prior to Jeju-si D.

Reasons

1. Basic facts

A. The Plaintiff purchased 257 square meters (hereinafter “instant land”) before Jeju-si, Jeju-si, and completed the registration of ownership transfer on August 4, 2015, and Defendant B owned the instant land as the owner of E-gi-76 square meters adjacent to the instant land, which was constructed on the ground from May 17, 2011, and Defendant C leased the instant housing on January 4, 2016.

B. Of the instant land, the instant housing occupies seven square meters in the inside part (D) connected in order to each point of the attached Form 15, 16, 17, 18, 19, 20, 15, among the instant land.

C. Defendant B removed a part of the instant housing part which occupied the instant land, but still remains the by-products of removal on the site. The eaves and outer walls of the instant housing still are located on the instant land.

Monthly rent for the above (D) portion from August 4, 2015 to July 7, 2016 is KRW 4,987, and monthly rent after July 8, 2015 is KRW 6,107.

[Ground of recognition] The non-contentious facts, Gap 1-6 certificates (including paper numbers), Eul 1 and 2 certificates, the result of the commission of surveying appraisal to the Pacific Appraisal Corporation, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, Defendant B is obligated to remove a wooden stack roof house on the ground of the aforementioned occupied part and deliver the said part 7 square meters on the ground surface, and Defendant C is obligated to leave the house from the above part 7 square meters on the ground surface of the instant land from August 4, 2015 to July 7, 2016, and Defendant B is obligated to pay the above unjust enrichment at the ratio of KRW 4,987 won from August 4, 2015 to KRW 6,00 from July 8, 2016 to KRW 107 from July 8, 2016.

3. Conclusion, the plaintiff .

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