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(영문) 서울서부지방법원 2016.08.23 2014가단33881
건물철거등
Text

1. The Plaintiff:

A. (1) Defendant C, D, E, and F are building on each ground of the lands listed in Schedule 1 and 2, and Defendant G, and H.

Reasons

1. Basic facts

A. On June 16, 2006, the Plaintiff completed the registration of ownership transfer with respect to each land listed in the separate sheet.

B. The deceased B owned a building, including a fence, on the ground of the land listed in the separate sheet 1, 2, and died during the instant lawsuit, and the Defendant C, D, E, and F, their children, inherited the building in proportion to their statutory shares in inheritance, and taken over the legal proceedings.

C. Defendant G and H own a building, including a fence, on the ground of the land listed in attached Table 3.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3 (including branch numbers, if any; hereinafter the same shall apply), the purport of whole pleadings

2. Determination on the cause of the claim

A. According to the facts of recognition as above, Defendant C, D, E, and F, the deceased’s heir, owned each building on the ground of the land indicated in [Attachment List 1, 1, 2, and Defendant G and H on the ground indicated in [Attachment List 3], and occupied it without any legal cause, thereby gaining profits equivalent to the rent, and causing damages equivalent to the same amount to the Plaintiff. Thus, barring any special circumstance, the Defendants are obligated to remove each of the pertinent buildings to the Plaintiff, deliver each of the occupied land, and return the amount of unjust enrichment equivalent to the rent to the Plaintiff.

B. Comprehensively taking account of the scope of the obligation to return unjust enrichment, the result of the appraiser I’s appraisal of rent and the purport of the entire argument, the rent for the land indicated in attached Table 1 from May 15, 2007 to August 19, 2014, KRW 20,138,300, KRW 379,700 for the land indicated in attached Table 1, and KRW 3,739,300 for the land indicated in paragraph 2, and KRW 8,739,30 for the land indicated in paragraph 3, and KRW 8,739,300 for the land indicated in

8. From May 19, 201 to August 19, 201, monthly rent is 803,900 won for the land described in paragraph 2, 151,700 won for the land described in paragraph 3, and 348,900 for the land described in paragraph 3, and it is confirmed that the subsequent rent is the same amount as the rent from May 15, 2014 to August 19, 2014.

According to this, the land indicated in the attached list (1) is sought by the Plaintiff on May 15, 2007.

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