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(영문) 의정부지방법원 2017.08.25 2016나57032
건물철거 및 토지인도 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the defendant regarding a request for removal of buildings and a request for delivery of land shall be revoked.

Reasons

1. Facts of recognition;

A. On March 4, 2014, the Plaintiff acquired ownership based on a voluntary auction and completed the registration of ownership transfer on the same day with respect to the land owned by the Plaintiff (hereinafter “Plaintiff-owned land”).

B. On March 6, 2001, the Defendant completed the registration of ownership transfer with respect to D & 46 square meters adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”) and the above ground mentmen, brick, and sapap assessment house and store (hereinafter “Defendant’s building”).

C. The Defendant occupied and used the part of the Defendant’s building and the wife (hereinafter “the part of the instant intrusion”) owned by the Defendant on the ground of 4m2 in parts of the building owned by the Defendant on the ground of 7,8,9,5,6, and 7m2 of the attached appraisal among the land owned by the Plaintiff, which connects each point of 8,11,10,9,8,000 square meters on the ground of 4m2,000 square meters of the attached appraisal sheet among the land owned by the Plaintiff, each of which is occupied and used by installing outdoor equipment on the ground of 4m2 in the attached appraisal sheet (hereinafter “c c c c c c c c hereinafter “the instant part”). As to the “c c c c c c c ” portion of the instant lawsuit pending

Plaintiff

The annual rent from March 4, 2014 to March 3, 2015, is 7,117,500 won (=36,500 won (per one square meter) x 195 square meters) and the annual rent from March 4, 2014 to July 13, 2015 is 6,271,200 won (per one square meter).

[Ground of recognition] A without dispute, entry and video of evidence Nos. 1 through 5-2, the result of the appraisal of cadastral status by the appraiser E of the first instance trial, the result of the appraisal of the rent of appraiser F of the first instance trial, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) Since the Defendant occupied the part of the instant bed part of the land owned by the Plaintiff as the building owned by the Defendant, it is necessary to remove the buildings and eaves corresponding to that part, and deliver the part of the instant bed part. 2) The instant bed part of the instant bed part and the instant bed part of the land owned by the Plaintiff should be returned unjust enrichment equivalent to the rent for the period during which the instant bed part

B. Defendant 1 is removed.

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