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(영문) 대전지방법원 2015.04.01 2014가합101297
건물등철거
Text

1. The Defendants:

A. With respect to each 1/2 share, each of the plaintiffs shall remove the buildings listed in Paragraph 1 of the attached Table.

Reasons

Facts of recognition

The Defendants, E, and F, a sibling, completed the registration of ownership transfer on July 23, 1986 with respect to each of 1/4 shares among the lands listed in Schedule 2 (hereinafter “instant land”).

On April 28, 1993, the Defendants completed the registration of initial ownership relating to each of 1/2 shares of the buildings listed in attached Table 1 (hereinafter “instant building”) on the instant land.

The Plaintiffs received a decision to permit sale in the auction of partition of co-owned property as to the instant land, and completely paid the sale price on December 24, 2013.

The rent of the instant land is KRW 33.8 million from December 24, 2013 to September 30, 2014, and KRW 3.7 million from September 1, 2014 to September 30, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1-2 and 2, the result of an appraisal commission to a new appraisal corporation in the future of this court, the judgment as to the ground for claim as a whole,

A. According to the above facts, the defendants owned the building of this case and possessed the land of this case owned by the plaintiffs. Thus, the defendants are obligated to remove each of the buildings of this case and deliver each of the land of this case to the plaintiffs as to each of 1/2 shares, barring special circumstances.

B. According to the above facts finding that the Defendants occupied the land of this case, thereby gaining profits from the use of the land of this case, and thereby causing damages equivalent to the same amount to the Plaintiffs. Thus, the Defendants are obligated to return the land of this case to each of the Plaintiffs as unjust enrichment.

Furthermore, as to the amount of unjust enrichment to be returned by the Defendants, the amount of profit from the possession and use of real estate in ordinary cases shall be equivalent to the rent of the real estate, and on December 24, 2013 of the land in this case.

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