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(영문) 대전지방법원 2015.06.24 2014가단31995
건물수거, 토지명도 및 지료
Text

1. The Defendant’s each of the Plaintiffs is 662,580 won and 662,580 won from April 1, 2015 to attached Table 1.

Reasons

1. Basic facts

A. On January 17, 2014, the Plaintiffs completed the registration of ownership transfer based on sale due to voluntary auction on January 14, 2014 with respect to the land listed in the separate sheet No. 1 (hereinafter “instant land”).

B. On July 8, 2005, the Defendant completed the registration of ownership transfer on June 3, 2005 with respect to the share of 4,860/4,860/4,000 and its ground-based housing (hereinafter “instant building”) from Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, 432.3 square meters adjacent to the instant land, based on voluntary auction.

C. The above D-one land is the relation where the owner of the land specified and sold part of the land and completed the registration of transfer of co-ownership for convenience. At the time of the Defendant’s acquisition of the above shares, the registration of co-ownership was completed, and the Defendant was also transferred all the remaining co-owners’ share due to the termination of title trust and exchange after the acquisition of the above shares.

However, among the instant buildings, the number of trees owned by the Defendant is planted on the ground that connects each point of Annex 5, 6, 7, 8, 9, 10, 10, 4, 1, and 5, which are linked in order to each point of Annex 2 drawings, is located on the instant land beyond the boundary. The remaining part of Annex 2, 3, 10, 9, 8, 7, 6, 5, and 2, excluding the above part of Annex 2, 2, 3, 10, 9, 8, 7, 6, 5, and 2.

E. Meanwhile, the amount equivalent to the rent from January 17, 2014 to March 31, 2015, is KRW 1,325,160, and monthly rent from April 1, 2015, KRW 95,330.

【Ground of recognition】 The fact that there is no dispute, Gap 2, 3, 5, Eul 1, 2, and 3, Eul 1, 2, and 3, the result of the survey and appraisal of this court's intellectual property and the result of the commission of appraisal of rent to appraiser E, the purport of the whole pleadings

2. Determination on collection, removal, and requests for extradition

A. According to the factual basis of the determination as to the cause of the claim, the Defendant is each tree planted on the ground of 42.1 square meters in part of “A” among the instant land, unless there are special circumstances to the Plaintiffs.

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