logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.05.30 2016가단51346
건물등철거
Text

1. The defendant,

A. Of the 8,231m2 in the Ulsan-gun E farm site for 1 Ulsan-gun, Ulsan-gun, the appraisal map indicated in the attached Form 30,31,32,33,34,35.

Reasons

1. Basic facts

A. Plaintiff A is the owner of 8,231 square meters of the E farm site in Ulsan-gun, Ulsan-gun, Ulsan-gun (hereinafter “1 land”). Plaintiff B and C are co-owners who own 1/2 shares of each of the 7,438 square meters of the G farm site in Ulsan-gun, Ulsan-gun, Ulsan-do (hereinafter “2 land”). Plaintiff B and C are co-owners who own 1/2 shares of each of the 1/2 shares of each of the instant land when combining the 1 and 2 land.

B. From around August 1, 2011, the Defendant each occupied the land on each of the instant land by constructing a road, building, etc., as described in paragraph (1) of this Article on each of the instant land (hereinafter “each of the instant areas of possession”; and individually, “the part of the land possession” and “the part of the land possession” and “the part of the land possession of 2”).

C. In cases where no security deposit exists from August 1, 201 to July 31, 2016, ① the sum of rent for the portion of land occupation in Type 1 is KRW 483,400, ② the sum of rent for the portion of land occupation in Type 2 is KRW 525,900, and the monthly rent for the portion of land occupation in Type 1 from August 1, 2016 to KRW 9,300, and ② the monthly rent for the portion of land occupation in Type 2 is KRW 10,100.

[Ground of recognition] Facts without dispute, Gap 1-9 evidence, Eul 1-6 evidence (including each number), the result of the commission of surveying and appraisal to the Ulsan branch office of the Korea Land Information Corporation, the result of the commission of appraisal of rent to appraiser H, the purport of the whole pleadings

2. Assertion and determination

A. According to the factual basis of the determination as to the cause of the claim, the defendant, except in extenuating circumstances, shall remove the building and the building in this case, and deliver each part of the possession in this case. ① The amount of unjust enrichment equivalent to the rent from August 1, 2011 to July 31, 2016 and the amount of unjust enrichment equivalent to the rent of KRW 483,400 calculated by the rate of KRW 9,300 per month from August 1, 2016 to the completion date of delivery of the above occupied portion; ② The amount of unjust enrichment equivalent to the rent of KRW 525,90 in total, the amount of unjust enrichment equivalent to the rent of KRW 525,90 in total from August 1, 201 to July 31, 2016 (the amount of unjust enrichment of KRW 262,950 in each case against Plaintiff 2 and 3) and the portion of the farmland from August 1 to 31, 2016 to the completion date of delivery.

arrow