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(영문) 대구지방법원안동지원 2017.11.15 2017가단933
건물철거 등
Text

1. The defendant shall select the appointed parties:

(a) Of the land listed in the separate sheet, each point in the Annex A, B, C, D, and A, indicated in the separate sheet;

Reasons

1. The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1-1, 2, and 3.

On August 16, 2016, the designated parties completed the registration of ownership transfer with respect to each 1/2 share of land listed in the separate sheet (hereinafter referred to as “instant land”) on July 19, 2016.

B. On the ground of the instant land, the buildings indicated in the attached Table, which were unregistered buildings newly constructed by the Defendant with a building permit granted on August 1, 201 (hereinafter “instant building”) are located.

C. Meanwhile, the amount equivalent to the rent for the portion of 8,042/11,515 shares among the 8,042/11,515 shares among the 1,336 square meters of E forest among the 670 square meters of inside Dong-dong, Dong-si, which is adjacent to the instant land, is 1,870,701 won per month in the year of 2015.

(hereinafter “the adjoining land of this case”) 2. Determination

A. The Defendant, the owner of the building of this case, is obligated to remove the building of this case, remove the building of this case, deliver the land of this case, which is its site, to the designated parties, and return unjust enrichment calculated by the ratio of KRW 900,000 per month from July 20, 2016 to the completion date of delivery of the land of this case from July 20, 2016, which is the day following the acquisition date of ownership by the designated parties. The amount equivalent to the rent of this case is KRW 1,870,70,01, the size of which is larger than the size of the adjoining land of this case, as the amount equivalent to the rent of this case exceeds KRW 1,870,00 per month.

B. As to the judgment of the Defendant’s assertion, the Defendant asserts that, as the designated parties could not receive KRW 250 million from the owner F of the building building D and E on land in Ansan-dong-si, the designated parties purchased the instant land in the form of Albag for the purpose of securing the claim for the construction price, so that the designated parties could not comply with the claim of the designated parties.

(b).

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