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(영문) 서울서부지방법원 2017.12.01 2016가단258097
건물등철거
Text

1. The annexed sheet shall be as shown in the attached sheet;

2. The costs of lawsuit are assessed against the Defendants.

3. Paragraph 1 can be provisionally executed.

Reasons

1. Facts of recognition;

A. On December 19, 2003, Plaintiff A completed the registration of ownership transfer for multi-household housing on the fourth floor of Eunpyeong-gu Seoul, E, F, and G ground reinforced concrete structure.

B. On January 23, 1973, the registration of ownership transfer was completed in the non-party H on the Eunpyeong-gu Seoul Metropolitan Government E large 248 square meters. Defendant B newly built and occupied a temporary building on the instant site.

H filed a lawsuit for the removal of the above building by Defendant B as 96da7819 in this Court, and partly removed the building, but the Defendant B has up to now owned the building in each part of the attached drawing No. 1, 2, 3, 5, and 44.

C. Defendant B leased to Defendant C the part of Annex B, 1, 2, and c (b) as a national boom, and leased the part of Annex B, 5, and 4 to Defendant D with the indication of the attached drawings.

According to the result of this court's appraisal of rent, the amount of unjust enrichment per rent from January 5, 2006 to December 29, 2014 is 33,760,767 won, and 7,807,232 won from December 30, 2014 to June 20, 2017 and the monthly rent is 282,00 won.

E. On December 30, 2014, Plaintiff A entrusted the instant multi-household housing to Plaintiff Asian Trust Co., Ltd.

[Ground of recognition] Evidence Nos. 1 through 7-3-3, the survey of this court and the result of the appraisal of rent, the purport of the whole pleadings

2. It is so decided as per Disposition, since all of the plaintiffs' claims of this case are accepted.

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