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(영문) 서울남부지방법원 2018.07.13 2017가단255416
건물철거 등
Text

1. The Plaintiff:

A. Defendant B, among the lands listed in the separate sheet, indicated in subparagraph (1) in the annexed sheet, indicated in the annexed sheet, as follows: (a) No. 7, 6, 13, 14, 15, 16, 17, 18, 19.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the land indicated in the attached sheet (hereinafter “Plaintiff’s land”). Defendant B is the owner of the building indicated in the attached sheet (hereinafter “Defendant building”), and Defendant C is the lessee who leased and occupied, and used the Defendant building.

B. The Defendant building, among the Plaintiff’s land, is a part of a single-story housing unit, a wall, and a steel gate connected with each point of the attached Form No. 7, 6, 13, 14, 15, 16, 17, 18, 19, 20, 8, and 7 in sequence with each point of the attached Form No. 7, 6, 13, 14, 15, 17, 18, 19, 20, 8, and 7

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 1 (including paper numbers) and images; the result of this court's commission of cadastral surveying appraisal to the Seoul Vice-Governor of the Korea Land Information Corporation; the result of this court's inquiry and reply to the head of Guro-gu Seoul District Court about the head of Guro-gu.

2. Determination

A. According to the above facts, Defendant B is obligated to remove the portion constructed on the ground of the instant Section B, among the Defendant building, and deliver the land of the instant Section to the Plaintiff. Meanwhile, according to the result of the judgment on the entrustment of rent to E certified public appraisal corporations of this court, it is recognized that the rent for the instant Section as of October 13, 2017 was 420,00, and subsequent rent is confirmed to be the same, Defendant B is obligated to pay to the Plaintiff the amount calculated at the rate of KRW 420,00 per month from October 13, 2017 to the delivery of the instant Section. In addition, Defendant C is obligated to withdraw from the instant Section B, since it directly occupies and uses the Defendant building by leasing it from the Defendant, and thus, Defendant C is obligated to withdraw from the instant Section.

B. As to the Defendant’s assertion on the completion of the statute of limitations for the acquisition of possession by Defendant B, Defendant B, the Si Council F, on 1969.

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