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(영문) 서울북부지방법원 2016.11.03 2015가단46406
건물철거 및 토지인도 등
Text

1. The Plaintiff:

A. Defendant B, among the 25.8 square meters in Gangnam-gu Seoul Metropolitan Government D, indicated on the attached sheet No. 1, 2, 18, 17, 14, 15, 4, 13.

Reasons

1. Claim against Defendant C

A. Indication of Claim: Defendant C is obligated to leave the Plaintiff, as it occupies a building on the ground of “BB” in sequence of each point of the attached Table 14, 15, 4, 13, and 14 attached hereto, constructed on the ground of 25.8 square meters in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, which is owned by the Plaintiff.

(b) Judgment on deemed confession: Article 208 (3) 2 of the Civil Procedure Act;

2. Claim against the defendant B

A. The following facts can be acknowledged in full view of the record of Gap evidence No. 1 and the result of this court's request for survey and appraisal of appraiser E, and the purport of the whole pleadings as a result of a request for a voluntary appraisal of appraiser F.

1) The Plaintiff is the Plaintiff’s land in Gangnam-gu Seoul Metropolitan Government D 25.8 square meters (hereinafter “instant land”).

(2) On December 1, 2011, Defendant B completed the registration of ownership transfer with respect to the housing and stores located in Gangnam-gu Seoul Special Metropolitan City (hereinafter referred to as “G land”) for the assessment of 91.9 square meters of G (hereinafter referred to as “G land”) adjacent to the instant land, and for the houses and stores located in Pyeongtaek-gu Seoul Special Metropolitan City, Gangnam-gu, Seoul Special Metropolitan City (hereinafter referred to as “G land”) for the registration of ownership transfer with respect to the instant building.

3) However, part of the instant building is 19.4 square meters in part 19.4 square meters in order to connect each point of the attached appraisal map Nos. 1,2, 18, 17, 14, 15, 4, 13, 10, 7, and 1 among the instant land (hereinafter “instant dispute land”).

(4) The sum of the rent for the land in this case from December 1, 2011 to August 31, 2016 is KRW 8,962,750, and the amount equivalent to the monthly rent thereafter is presumed to be KRW 146,748.

B. According to the above facts finding as to the cause of the claim, inasmuch as Defendant B did not prove a legitimate title to possess the land in the dispute of this case, Defendant B, the owner of the land in this case, removed the part constructed on the land in the dispute of this case, delivered the land in this case, and (2) from September 1, 2016, the amount equivalent to the rent for the land in this case is 8,962,750 won and the land in this case’s dispute from September 1, 2016.

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