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(영문) 전주지방법원 2014.12.11 2014가단20075
건물철거 및 토지인도 등
Text

1. The plaintiff

A. The Defendants are 81.4 square meters and 81.4 square meters, respectively, of the Gyeongju-gun E-Ground Woo-gun's ground galllls.

Reasons

1. Determination as to the claim against Defendant C and D

A. Indication of Claim: The Plaintiff sought removal of the instant building, delivery of the instant land, and return of unjust enrichment equivalent to the rent, on the ground that the Defendant C (6/75 shares) and D (4/75 shares) own a part of shares on the ground of the land owned by the Plaintiff, on October 2, 2013, 81.4 square meters of a house of light steel-frame structure, 10 square meters of a cement block structure, cement block splate roof, one warehouse (hereinafter “the instant warehouse”) and the toilet of this case are located, on the ground that the said Defendants are located.

(b) Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against the defendant B

A. (1) On August 26, 2013, the Plaintiff purchased the instant land in the real estate auction procedure (F) and paid in full the sale price on October 2, 2013.

(2) From May 25, 2011, Defendant B owned 65/75 shares of the instant housing, warehouse, and toilet from May 25, 201. On the ground of the instant land, the instant housing and warehouse are located, and the instant toilet is located on the G ground of the Jeonju-gun, Jeonbuk-gun, adjacent to the instant land.

(3) Defendant B occupies and uses the instant land, other than the instant house and warehouse, as a garden or the site of the instant house.

(4) The rent of the instant land is KRW 73,560 per month from October 2, 2013 to March.

[Evidence] Each description of Gap evidence Nos. 1 through 6, the result of this court's entrustment of appraisal to appraiser H, the purport of the whole pleadings

B. According to the above facts of determination, Defendant B, barring any special circumstance to deem that there exists a legitimate title to occupy the instant land, removed the instant housing and warehouse on the ground of the instant land and transferred the instant land to the Plaintiff, and there is considerable rent due to the Plaintiff’s possession of the instant land from October 2, 2013 to the date of removal and delivery.

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