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(영문) 대구지방법원 2018.09.20 2016가단2281
건물철거 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Of 1,643 square meters of forests and fields C, Gyeongju-gun, Gyeonggyeong-gun, 1.2.

Reasons

1. Determination as to the cause of the principal claim

A. (1) The Plaintiff is an owner of 1,643 square meters of Gyeongbuk-do forest land (hereinafter “C land”).

The Plaintiff completed the registration of transfer of ownership on the ground of donation on May 17, 1989 with respect to 1,89 square meters of D forest land in Gyeongbuk-gu, Gyeongbuk-do. The land C was divided from the above forest land on September 11, 2006.

(2) Before January 29, 2006, the Defendant has occupied the land of 112 square meters in part in a ship (hereinafter “instant dispute land”) connected with each point of (b) the attached drawing 2 marks 6, 7, 11, 12, and 6 among land C, in sequence.

Of the land in the dispute of this case, among the land in the case of this case, the portion (i) above, which connects each point of indication 2, 3, 6, 1, and 2 of the attached drawing Nos. 1 among the land in the case of this case, is divided into 60 square meters of the non-registered building, mentmen, brick, brick, and roof housing (hereinafter “the instant housing”).

The Defendant holds the right to dispose of the instant house.

(3) The appraised value of the instant dispute from January 29, 2006 to January 28, 2016 is a total of 5,891,760 won [i] ① 431,200 won (from January 29, 2006 to January 28, 2007)] (ii) 470,400 won (from January 29, 2007 to January 28, 2008) ③ 513,520 won (from January 29, 2008 to January 28, 2008) (i) 529,200 won (from January 29, 2008 to January 28, 2009 to April 29, 201) (i) 201 to June 28, 2018 (from January 29, 2009 to January 28, 2010).

From January 29, 2016, the rent is KRW 885,920 annually.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, result of a request for measurement and appraisal by the Korean Land Information Corporation for the Ministry of Land, Infrastructure and Transport, the result of a request for appraisal of rent to Eul Co., Ltd., the purport of the entire pleadings

B. According to the above facts of recognition, the defendant possessed the land in the dispute of this case without title.

The defendant delivered the land of this case to the plaintiff who is the owner, and removed the house of this case that was connected thereto, and the dispute of this case is settled.

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