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(영문) 대구지방법원 2016.07.12 2015가단10940
건물철거등
Text

1. The Plaintiff:

A. As to Defendant B’s 11.24/32.24 shares, Defendant C’s 7/32.24 shares, with respect to D, E, F, G, and H.

Reasons

1. Facts of recognition;

A. On August 2, 2012, the Plaintiff: (a) donated from Nonparty S and completed the registration of ownership transfer with respect to Qgu Daegu Heavy-gu Q 166§³ (hereinafter “instant land”); (b) newly constructed a building on that ground and completed the registration of ownership transfer on that ground.

B. Defendant B, C, D E, F, G, and H are co-owners of the Daegu-gu P, Daegu-gu P and its ground adjacent to the instant land, and of the 32th 2th 2th 2th 2th sap sap sap sap sap. The co-owners of the building of this case (hereinafter “instant building”) whose co-ownership is Defendant B B (11.24/32.24, Defendant C7/32.24, Defendant D, E, F, G, and H are 2.8/32.24, respectively.

C. Defendant I leased the instant building to run the instant grain sales business, and possessed the instant building.

Defendant J, K, L, M, and N are co-owners of the Daegu-gu R land and its ground adjacent to the instant land, and of the building of 9 square meters, 1/5 square meters, apap, apap, apap, apap, apap, and the co-ownership of the building of this case (hereinafter “instant building 2”).

Defendant O, who leased the instant building No. 2 and managed a U bank, is occupying the instant building No. 2.

E. The building No. 1 of this case was constructed with a 4mm2 connecting each point of the attached drawing No. 3, 4, 5, 6, and 3 in sequence among the land in this case. The building No. 2 of this case was constructed with a 1m2, 3, 6, and 1m2 connected each point of the attached drawing No. 1, 2, 3, 6, and 1 in sequence among the land in this case.

F. Of the instant land, the amount equivalent to the rent for the portion of 4 square meters in the instant portion of the instant land is KRW 4,015,400 from August 2, 2012 to January 7, 2016, and the amount equivalent to the monthly rent is KRW 101,100 per month from January 8, 2016 to January 7, 2016.

In addition, the sum of rent for one square meter among the instant land is KRW 1,003,80 from August 2, 2012 to January 7, 2016, and monthly rent from January 8, 2016 to the time of closing argument.

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