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(영문) 청주지방법원 2019.06.19 2018가단23650
건물등철거
Text

1. The Plaintiff:

A. Defendant B, among the real estate listed in the separate sheet No. 1, indicated in the separate sheet No. 8,20,21,22,8 respectively.

Reasons

1. Facts of recognition;

A. On January 18, 2018, the Plaintiff acquired ownership of the land listed in [Attachment 1 Real Estate List No. 1] (hereinafter “instant land”).

B. Prior to that, the Defendants acquired ownership of the following buildings on the instant land, and Defendant C occupied and used each of the buildings owned by Defendant B without compensation from Defendant B.

① Defendant B: (1) Of the real estate indicated in the attached Table 1 list, the part (2) of the part (c) in the line that connects each point of 8,20,21,22,8 with each point of 13 square meters, 23,24,25,26,23 of the attached Table 2 among the real estate indicated in the attached Table 1 list, and the part (c) of the part (c) in the line that connects each point of 32 square meters, 37,28,29,27 of the same drawings, and the part (f) in the line that connects each point of 2,10,11, 12, 13, 14, and 2, the part (a) in the line that connects each point of 13 square meters, 13 square meters, 15, 16, 17, 18, 19, and 15, and (5) the part (3) of the attached Table 1 list and 5 square meters.

C. The amount equivalent to the rent for the instant land 321 square meters, which the Defendants use and profit-making for the ownership of each building, is the sum of KRW 559,93 (2,725,300 x 75 days/365 days) from January 19, 2018 to April 3, 2018, which is the following day after the Plaintiff acquired the ownership of the instant land (2,725,30 x 75 days/365 days). The sum of KRW 1,729,200 for November 15, 2018, and KRW 227,108 for each month after November 16, 2018 (as the Plaintiff seeks).

[Ground for recognition] - Defendant B: deemed as confession - Defendant C: Each entry of evidence Nos. 1 through 12, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. On the ground of the Plaintiff’s claim, the judgment of the court below was accepted.

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