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(영문) 전주지방법원 2016.01.13 2015가단9679
건물철거 및 토지인도와 지료
Text

1. As to the Plaintiff, with respect to F. F. 714 square meters in Kim Jong-si:

A. Defendant A shall display an appraisal map in attached Form 31, 32, 33, among the above land.

Reasons

1. Basic facts

A. On January 5, 2015, the Plaintiff acquired the ownership of the instant land.

B. From the time the Plaintiff acquired the ownership of the instant land to the date of the conclusion of the argument in this case, Defendant A owned (C) part of the building on the part of 49 square meters, which was connected in sequence to each point of 31,32,33,34, 16, and 31, among the instant land. Defendant B owned the building on the part of 9 square meters, which was connected in sequence to each point of 15,35 through 39, 14, and 15, among the instant land. Defendant C occupied the portion of (D) on the part of 9 square meters, which was connected to each point of 40,41,42, 11, 12, 13, and 40, the attached appraisal of the instant land was also connected in sequence to each point of 40,41, 12, 12, 13, and 40, and Defendant D owned the portion of the building on the part of the instant land. Defendant D owned the part of the attached Table 2626 or 27.

[Defendant D’s conjunctive Defendant E sells a building located in part (b) to Defendant D and has no ownership thereof; hereinafter the above (b), (c), (d), and (e) collectively referred to as “the occupied part of this case”).

From January 5, 2015 to January 4, 2016, the amount equivalent to the monthly rent of 714 square meters of the instant land is 406,289 won, and the amount equivalent to the monthly rent thereafter is presumed to be the same. Therefore, on the premise that the amount equivalent to the monthly rent is calculated, the amount equivalent to the monthly rent is calculated based on such premise, the portion of the instant land is 27,882 won (406,289 x 49/714 x 49/714; hereinafter the same shall apply), 5,121 won (406,289 x 9/714 x 9/714), and the portion of (e) 24,468 won (406,289 x 43/714) x 43/714) x 4097 x 2982/714 x 714) .

[Ground of recognition] The plaintiff, defendant A, C, D, and E are without dispute, entry of Gap evidence 1 through 6, the result of the request for surveying and appraisal to the Korean Land Information Corporation Kim Jong-dong, and appraiser G.

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