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(영문) 수원지방법원여주지원 2015.12.08 2015가단20850
건물철거 및 토지인도청구의소
Text

1. The defendant

A. The plaintiff of the Gyeonggi-gu Forest C forest is the plaintiff of the Gyeonggi-gu Forest C, which is the road name and address in the purport of the claim.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 1,997 square meters of forests and fields C in Gyeonggi-do (hereinafter “Plaintiff’s land”); and the Defendant is the owner of adjacent Gyeonggi-gun E-gun, Yangyang-gun, 757 square meters (hereinafter “Defendant’s land”).

B. On the ground of 1,933 square meters from among the Plaintiff’s land, two openings of the Defendant (one square meters from among the parts on the part on which “A” was successively connected with each point of 18,19,20,21,21, and 18, the Defendant’s relocation on the ground of 1,933 square meters of the attached drawing, and one square meters from among the parts on the part on the part on which “A” was successively connected with each point of 22,23,24,25, and 22 square meters of the same drawing, and one square meters from the part on the part on which the Plaintiff’s land connects each point of 7 through 15,28, 27, 26, and 7 of the same drawing, the part on the part on which the Plaintiff’s land and the Defendant’s land were installed, depending on the road between the Plaintiff’s land and the Defendant’s land, and the Defendant’s concrete packaging in the part on the ground.

In addition, within the above "bbb" part, the Defendant's purification tank (the part relating to "virance" on the ship connecting each point of 10, 37, 38, 39, 9, and 10 with the indication of the same drawing) is installed, and there are obstacles, such as flowers, etc., (the part relating to "viral" on the ship connecting each point of 12, 31 through 36, 11, and 12 with the indication of the same drawing).

C. Of the Plaintiff’s land, the acquisition date of Defendant’s land on August 16, 2010, of the part of 64 square meters in the “bb” portion among the Plaintiff’s land.

From August 15, 2015 to September 15, 2015, the fixed-term fee is 535,800 won, and the rent is 9,900 won per month from August 16, 2015 to August.

[Ground of recognition] Unsatisfy facts, Gap 1, 5, 7, 9 items or images, each item of evidence (including all branches number; hereinafter the same shall apply) or images, the result of this court’s commission of measurement and appraisal to the quantitative branch of the Korea Land Information Corporation, the result of this court’s commission of appraisal of rent to appraiser F, the purport of the whole pleadings

2. Matters concerning claims for unjust enrichment equivalent to removal, delivery, rent.

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