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(영문) 창원지방법원 2017.06.21 2017가단1489
건물철거 등
Text

1. The Defendant removed the buildings indicated in the attached list on the ground of Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, and removed the buildings on the above land, 90 square meters.

Reasons

1. Basic facts: (a) ownership transfer registration was completed on July 22, 2014 in the Plaintiff’s name with respect to the instant land as indicated in Paragraph (1) of the Disposition; (b) the instant building as indicated in the attached Table is located on that ground; (c) the Defendant acquired ownership by selling the instant building at the auction procedure for Tong Young-gu branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s claim against the Defendant for rent amounting to KRW 2014 Ghana34035; and (c) the Plaintiff filed a lawsuit against the Defendant on August 25, 2015; and (d) the Defendant issued a decision to recommend the Plaintiff to pay KRW 530,000 from July 22, 2014 to the expiration date of the Plaintiff’s possession of the instant building or the Defendant’s possession of the instant building, which became final and conclusive on September 12, 2015.

2. Accordingly, according to the determination on the Plaintiff’s claim, the Defendant is obligated to remove the instant building and deliver the instant land to the Plaintiff, and pay the Plaintiff the amount equivalent to KRW 530,000 monthly rent from July 22, 2014 to the date of completion of removal of the instant building or the date of loss of the Plaintiff’s ownership of the instant land, which the Plaintiff acquired as unjust enrichment.

Therefore, the plaintiff's claim seeking this is justified.

3. As above, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition by the assent of all participating Justices.

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