(영문) 수원지방법원여주지원 2015.12.03 2015가단2418

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(영문) 수원지방법원여주지원 2015.12.03 2015가단2418

건물철거등

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1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 2, 3, 4, 12, 11, 10, 9, 8, and 2.

Reasons

1. Basic facts

A. On December 11, 2009, the Plaintiff completed the registration of ownership transfer on April 30, 201 due to inheritance by agreement division on December 11, 2009.

B. The Defendant completed the registration of transfer of ownership on April 9, 1996 on the ground of sale on April 1, 1996, with respect to the housing of 83 square meters and 22.875 square meters and 22.875 square meters on the land adjacent to the real estate indicated in the attached Form.

C. Before April 30, 2010, the Defendant, among the real estate listed in the separate sheet, built up 16 square meters of housing units 16 square meters (hereinafter “the instant building”) on the ground of “part 1” (hereinafter “the instant land”), connected in sequence with each of the items indicated in the separate sheet Nos. 2, 3, 4, 12, 11, 10, 9, 8, and 2, among the real estate listed in the separate sheet No. 2, 3, 4, 12, 10, 10, 9, 8, and 201.

The amount equivalent to the rent of the instant land shall be as follows.

On April 30, 2010 to April 29, 2011; 286,800 to April 29, 201; 23,90 to April 29, 2011 to April 29, 2012; 290,400 to April 29, 200 to April 30 to April 29, 201; 30 to April 30, 201 to April 333, 20, 200 to April 333, 200; 27, 800 to 804, 204 to April 30 to April 27, 2013; 40 to April 34, 201 to April 29, 2014 to 30 to 405 to 205 to 205 to 36,50 to 5,296, respectively.

2. According to the aforementioned determination, the Defendant is obligated to remove the instant building to the Plaintiff, who is the owner of the instant land, deliver the instant land, and pay the amount calculated by applying the rate of KRW 1,776,300 per month for unjust enrichment arising from the use of and profit from the instant land from April 30, 2010 to September 29, 2015, and from September 30, 2015 to September 32, 2070 for the purpose of unjust enrichment arising from the use of and profit from the instant land from September 30, 2015.

3. Conclusion.

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