(영문) 춘천지방법원원주지원 2015.11.12 2015가단30694

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(영문) 춘천지방법원원주지원 2015.11.12 2015가단30694

건물등철거

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1. The defendant shall be the plaintiff.

A. Of the 1,109 square meters prior to the Gangseo-gun C, the annexed map No. 13, 14, 15, 16, 17, 12, and 13 shall apply.

Reasons

1. Facts of recognition;

A. On July 2, 2003, the Plaintiff is the owner who completed the registration of ownership transfer with respect to the area of 1109 square meters (hereinafter “instant land”).

B. On October 31, 201, the Defendant is the owner who completed the registration of ownership transfer with respect to D forest land 1849 square meters (hereinafter “Defendant-owned land”).

C. The Defendant owns a house (hereinafter “Defendant-owned house”) on the 30 square meters above the ground portion on the ship, which connects each point of 13, 14, 15, 16, 17, 12, and 13 in sequence among the instant land, and occupies and uses the land portion of 149 square meters in the part on the ship (hereinafter “Defendant-owned land”) which connects each point of 1,2,18, 10, 11, 12, 13, and 13 of the attached drawings.

The sum of the rent equivalent to the portion occupied by the defendant from November 1, 201 to September 30, 2015 shall be 365,340 won, and the monthly rent from January 1, 2015 to September 30, 2015 shall be 73,800 won, and the monthly rent from October 1, 2015 to September 30, 2015 shall be ratified as the same amount.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, appraiser E and F each appraisal result, the purport of the whole pleadings

2. Determination

A. According to the reasoning of the lower judgment as to the cause of the claim, barring any special circumstance, the Defendant is obligated to deliver the part occupied by the Defendant to the Plaintiff, the owner of the instant land, to whom the Defendant possessed, and to remove the house owned by the Defendant, and to pay the amount calculated by applying the rate of 73,800 won per month to the amount of unjust enrichment equivalent to the rental fees from November 1, 2011 to September 30, 201, the Plaintiff claimed from September 1, 2015, and the amount of unjust enrichment equivalent to the rental fees from October 1, 2015 to the completion date of delivery of the part occupied by the Defendant.

B. The Defendant alleged that there was no awareness that a part of the building was constructed on the instant land owned by the Plaintiff at the time of purchasing the land owned by the Defendant and its ground houses in 2011, but the Defendant’s allegation was not made.

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