(영문) 인천지방법원부천지원 2016.01.20 2014가단30515

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(영문) 인천지방법원부천지원 2016.01.20 2014가단30515

건물철거 및 토지인도 등

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1. The defendant shall be the plaintiff.

(a) 4,364,793 won and the rate of 15% per annum from October 21, 2015 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. On July 15, 2014, the Plaintiff: (a) around July 15, 2014, at the procedures for the compulsory auction D branch office of the Incheon District Court, Kimpo-si, Kimpo-si (hereinafter “instant land”).

(2) On July 25, 2014, after purchasing the pertinent land and paying the price, the Defendant registered the ownership transfer on the instant land on July 25, 2014. 2) The Defendant: (a) the part of the instant land, which connects each point of item (a) of the attached Form No. 1, 2, 3, 4, 5, 6, 1, among the instant land, to each point of the table No. 100 square meters of the board assembly type (k Center) and the attached Form No. 7, 8, 9, 10, 10, and 7, connected each point of the table No. 22 square meters of the board assembly type (ware), and the part of the attached Form No. 11, 12, 13, 14, 15, 16, and 11, was constructing 23 square meters of the container part (hereinafter collectively referred to as the “instant building”).

3) From July 25, 2014 to July 24, 2015, monthly rent of the instant building site of 145 square meters among the instant land is KRW 292,417, and monthly rent of KRW 295,800 from July 25, 2015 to October 20, 2015. [Grounds for recognition] There is no dispute over the instant land; Party A’s statements in subparagraphs 1 through 9 (including number number); Party E’s testimony; the result of the on-site verification by this court; the result of the expert cadastral survey by this court; the result of the appraisal by the appraiser cadastral corporation; the response to the fact-finding by the Korea Electric Power Corporation and the purport of the overall oral arguments against the Korea Electric Power Corporation; and the purport of the fact-finding by the court as a whole.

B. According to the above facts, the Defendant, the owner of the instant building, barring any special circumstance, has removed the instant building from the instant land, unless he/she proves his/her title to possess the site portion of the instant building, and delivers the site portion of the instant building to the Plaintiff, who is the owner of the instant land. ① KRW 4,364,793, which the Plaintiff seeks [3,509,000 (from July 25, 2014 to July 24, 2015) (from July 25, 2015 to October 20, 2015)] and as to this,

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