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(영문) 서울서부지방법원 2020.01.17 2018가단240984
건물등철거
Text

1. The defendant shall be the plaintiff.

A. Of the 362 square meters in Mapo-gu Seoul Metropolitan Government, each point is indicated in the attached Form 7, 8, 9, 10, 7.

Reasons

1. Obligation to remove, deliver, etc.;

A. 1) The Plaintiff is the Plaintiff’s land in Mapo-gu Seoul Metropolitan Government C, 362 square meters (hereinafter “instant land”).

(2) The Defendant is the owner acquired from G and E, which is a building adjacent to the above land, with the size of 457 square meters adjacent to the above land and the building on the ground.

3) Part of the text of the instant land (A) is the land occupied in the instant case (hereinafter referred to as the “owned land”).

(4) There were two lawsuits between D and G regarding the aforementioned unauthorized occupation between D and B, which is the former owner of the said two lands.

In 1993, D/E counterclaims, which sought the removal of G-owned walls, embankments, and the transfer of their parts of the land installed on the instant land, were cited and finalized.

On March 25, 2002, G occupied the land of this case (the appraisal result at that time was 13.9 square meters) and the judgment was finalized to compensate D and E for damages equivalent to the rent (the amount of KRW 2,656,512 for one year from March 25, 2002).

5) After the above judgment, G and the Defendant succeeding thereto paid 2.2 million won as rent each year to the Plaintiff who succeeded thereto, as well as D, E, and the Plaintiff. 6) around February 2018, the Plaintiff requested negotiations on the increase of rent due to the Plaintiff’s increase of land value and tax for at least ten years, but the Defendant rejected such request.

After the filing of the instant lawsuit, the Defendant transferred 2.2 million won to the Plaintiff’s account in early 2019.

7) The amount equivalent to the rent from January 1, 2018 to October 31, 2019 for the portion of the land occupied in the instant case is KRW 6,694,00, and the amount equivalent to the monthly rent as of October 2019 is KRW 35,000. [No part of the grounds for recognition, each entry of evidence Nos. 1 through 4, and the result of the commission of appraisal of measurement and rent appraisal, the purport of the entire pleadings.

B. According to the above facts of the conclusion of the lawsuit, upon the claim for exclusion of interference based on ownership, the defendant removes the land, structure, building, etc. in the possession of this case to the plaintiff and the above land.

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