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(영문) 청주지방법원 2019.06.19 2018가단23674
건물등철거
Text

1. The Plaintiff:

A. Defendant B is marked with annexed drawings 1 to 16, 1 of the real estate listed in annexed Form 1’s real estate list.

Reasons

1. Facts of recognition;

A. On April 8, 2011, the Plaintiff acquired ownership of the land listed in [Attachment 1 Real Estate List 1] (hereinafter “instant land”).

B. Prior to that, the Defendants acquired the ownership of the following buildings and plastic houses on the instant land, and Defendant C occupied and used the building owned by the Defendant B without compensation.

① Defendant B: A plastic greenhouse on land with a size of 15 square meters, which is located in the line (A) that connects each point specified in attached Table 2 through 16, and 1 among the real estate listed in the attached Table 1’s real estate list.

C. Of the instant land, the amount equivalent to the rent for the foregoing (A) and (b) portion of the land for use and profit-making by the Defendants is not less than KRW 8,830,340 (the Plaintiff’s claim) in total from April 9, 2011 to January 29, 2019, which is the following day after the Plaintiff acquired the ownership of the instant land, and not less than KRW 94,143 (the Plaintiff’s claim) in each month after January 30, 2019.

[Ground for recognition] - Defendant B: Confession - Defendant C: Each entry in the evidence of subparagraphs 1 through 9, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the Plaintiff’s assertion on the cause of the claim, barring any special circumstance, barring any special circumstance, Defendant B is obligated to remove the above part of the ground building (A) and deliver the part of the building to the Plaintiff, and Defendant C is obligated to remove the above part of the building (A) and remove the vinyl on the ground (B) and deliver the part of the land to the Plaintiff. Moreover, the Defendants are obligated to return unjust enrichment equivalent to the rent for each Defendant from April 9, 201 to January 29, 2019, as they own the above building and vinyl, and use and benefit from the relevant part of the land.

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