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(영문) 창원지방법원거창지원 2016.05.24 2016가단160
건물철거 등
Text

1. The defendant is against the plaintiffs:

A. Of the size of 4,476 square meters in Annex 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 2, 3, 4, 4, 5, 6, 7, 8, 9, 10;

Reasons

1. On July 13, 2012, the Plaintiffs to be indicated in the claims completed the registration of ownership transfer on May 20, 2012 with respect to each of 1/2 shares of 4,476 square meters (hereinafter “instant land”).

Of the instant land, the part (i) part of 105 square meters in the ship connecting each point of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 105 square meters in succession among the instant land (hereinafter “the part occupied by the Defendant”), which is owned by the Defendant, has 18 square meters in size and 18.51 square meters in storage of one story of the light steel-frame structure, one story, and 18.51 square meters in each part of the attached Form 2, 3, 4, 5, and 6.

Meanwhile, the amount equivalent to the monthly rent of the part occupied by the Defendant out of the instant land is KRW 43,750 per month (=525,00 per annum x 1/12).

Therefore, the Defendant, as the owner of the instant land, has the obligation to remove 18 square meters and 18.51 square meters and 18.51 square meters and 18.51 square meters and 18.51 square meters and 18.51 square meters and to deliver the part of the Defendant’s possession to the Plaintiffs, who are the owner of the instant land, on the line connected with each point of the attached Form 2, 3, 4, 5, and 6 among the part in possession of the Defendant.

In addition, since the defendant illegally occupied the part of the defendant's possession and thereby caused damages to the plaintiffs, the defendant is obligated to pay damages to the plaintiffs according to the ratio of 21,875 won (=43,750 won equivalent to monthly rent x 1/2) from July 13, 2012, the acquisition date of the plaintiffs' ownership of the land of this case to the completion date of delivery of the part of the defendant's possession.

2. Judgment on deemed confessions of applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act);

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