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Reasons
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(영문) 인천지방법원 2018.03.08 2015가단209391
건물명도 등
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1. The Defendant shall pay to the Plaintiff KRW 39,723,668 and the interest rate of KRW 15% per annum from March 21, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner who completed the registration of ownership transfer on October 29, 2009 with respect to each land listed in the separate sheet.

B. C, the owner of each of the following unauthorized buildings, sold it to D on March 28, 2007, and D sold it again to the Plaintiff on October 29, 2009.

① Of the land indicated in the attached list No. 1, the part on “ma” part of the building without permission connected in sequence 2, 3, 24, 23, and 2, among the land indicated in the attached Table No. 1 (the building of this case No. 1) (2) Of the land listed in the attached Table No. 1, the part on “f” part of the building without permission connected in sequence with each point of 25, 26, 27, 28, and 25, among the land listed in the attached Table No. 1, the part on “f” part of the building without permission (the building of this case No. 2) connected in sequence 29, 12, 13, 32, 31, 30, and 29, among the land listed in the attached Table No. 1 in the attached Table No. 1,

C. From May 11, 201, to July 31, 2013, the Defendant occupied each of the instant buildings and used them for warehouse, etc.

In addition, for the same period, among the land listed in the attached Table 1, the portion of "Ra" connected each point of the attached Table 1, 2, 23, 24, 3, 4, 5, 11, 12, 29, 30, 31, 32, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 13, 15, 16, 17, 19, 20, 21, 22, among the land listed in the attached Table 1 among the land listed in the attached Table 1, the land listed in the attached Table 45 square meters (the part of the land in this case) among the land listed in the attached Table 2, and the land listed in the "Na" part of the attached Table 123 square meters (the part of the land in this case) was occupied and used.

The amount equivalent to the rent from May 12, 201 to July 31, 2013 for the building No. 1 and its site, the building No. 3 and its site, and the land Nos. 1 and 2 of this case (hereinafter referred to as the “owned real estate of this case”) shall be deemed as having been included in the amount of unjust enrichment for the land No. 1 of this case.

On February 8, 2018, Plaintiff also 6th.

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