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(영문) 춘천지방법원 영월지원 2018.06.20 2017가단11723
건물등철거
Text

1. Defendant B:

A. Of the 565 square meters of the miscellaneous land in Gangwon-si, Gangwon-do, 12, 12, 13, 14, 10, 11, and 12, each of the annexed drawings.

Reasons

1. Determination as to the claim against the defendant B

A. In fact, the following facts are acknowledged as follows: Gap 1, 3, 6, and 7 evidence (including paper numbers), the inquiry results on the view of the court, the result of the request for measurement and appraisal to the Chief of Young-dong Vice Governor of the Korea Land Information Corporation, the result of the request for appraisal of rent to E appraiser offices, and the purport of the entire pleadings, and the amount equivalent to the monthly rent under item (a) and (b) and (c) of item (a) after March 2015, shall be confirmed as the same as the amount equivalent to the monthly rent as of January 2018 as seen below.

① On June 16, 2015, the Plaintiff completed the registration of ownership transfer with respect to D miscellaneous land (hereinafter “instant land”).

② Of the instant land, the section 1 (a) of Section 1 of the main text (a) of the instant land (hereinafter referred to as “section 1”) and the section 10 square meters (hereinafter referred to as “section 1 (a) and (b) and the section 10 square meters (hereinafter referred to as “section 1 (a) and (b) and the section 10 square meters (hereinafter referred to as “the instant building”) are each constructed on the ground.

③ Defendant B purchased the instant building around January 2010 and owns the said building until now, and (a) and (b) occupy and use the land therein.

④ The amount equivalent to the rent in the part of item (a) from July 1, 2015 to February 28, 2018 shall be 852,00 won in total, 192,00 won in total, 27,000 won in the part (a) as of January 2018, and 6,000 won in the amount equivalent to the monthly rent in the part (a) as of January 1, 201, and 27,00 won in the part (b) (the amount equivalent to the monthly rent in the part).

B. According to the above findings of the determination as to the cause of the claim, Defendant B shall remove the building of this case to the Plaintiff, and return to the Plaintiff the portion of (a) and (b) of the land of this case, unjust enrichment equivalent to the rent due to the possession and use of the part.

Therefore, Defendant B removed the instant building to the Plaintiff, and ② acquired the ownership of the instant land.

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