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(영문) 서울서부지방법원 2019.05.29 2016가단30480
건물등철거
Text

1. The Defendant (Counterclaim Plaintiff) B is the Plaintiff (Counterclaim Defendant).

(a) 30, 31, 32, 33, 30-30 of the Schedule No. D on the ground of Pakistan.

Reasons

1. Facts of recognition;

A. On November 7, 1978, the Plaintiff completed the registration of ownership transfer with respect to E large 13,302 square meters (hereinafter “instant land before the instant subdivision”).

On November 10, 2015, the said land was divided into three parcels, including E large 7,215 square meters, F large 5,070 square meters, and D large 1,017 square meters (hereinafter “instant land”).

B. around 1964, Defendant B constructed a single-story house 46.74 square meters in the shape of “A” on the ground of the instant land and resided in the said housing.

Since then, the above Defendant extended the above multi-story housing to the instant house with a size of 123 square meters without obtaining permission, and installed a warehouse (area of 41 square meters; hereinafter “instant warehouse”) and a vinyl house in the surrounding area.

C. From November 1, 2006 to October 31, 2018, the annual rent of the instant housing is KRW 913,270 to KRW 1,102,080. The market price as of February 13, 2017 of the instant housing is KRW 32,472,00.

In addition, on November 1, 2006, to November 30, 2018, the rent of KRW 15,377,400 is from November 30, 2018, and the monthly rent of the land portion at the time of November 1, 2018 is KRW 110,531.

The Defendant C-owned housing, which was constructed over part of G land adjacent to the instant housing and distance, is abandoned.

[Based on recognition] Gap evidence Nos. 1, 2, 5, and 6; appraiser H's appraisal result; the result of this court's commission of appraisal to the chief executive officer of the Korea Land Information Corporation; the purport of the whole pleadings

2. As to the plaintiff's principal lawsuit against the defendant B and the defendant B's counterclaim

A. The Plaintiff’s assertion by the parties: without any authority, Defendant B owned a house, warehouse, vinyl house, etc. on the instant land owned by the Plaintiff and occupied that part of the land.

Therefore, the above defendant removed the above houses, warehouses, plastic houses, etc. to the plaintiff, and transferred the land possessed by him/her, and the above defendant's possession of the above land from November 1, 2006 to November 30, 2018, a rental fee of 27,659,400 won and the above amount.

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