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(영문) 의정부지방법원 2020.08.18 2018가단2264
건물철거 및 부당이득금 반환
Text

Of the land size of 735 square meters prior to Guri-si, the Defendant indicated the attached sheet No. 14, 13, 12, 11, 10, 9, 8, 19, 16, 18, and 14.

Reasons

1. Basic facts

A. On April 11, 201, the Plaintiff is the owner who acquired the ownership of 735 square meters (hereinafter “the Plaintiff’s land”). The Defendant is sharing with E the land of 132 square meters in Guri-si adjacent to the said land.

B. The Defendant and E own each house on the above co-owned land. Among them, the Defendant’s housing owned by the Defendant is constructed by breaking the Plaintiff’s land, and the part on the crime is 20 square meters of the part on which the Plaintiff’s land was connected in order to each point of the attached Table 14, 13, 12, 11, 10, 10, 9, 8, 19, 16, 18, and 14. (hereinafter “instant housing site”).

C. The Defendant uses part of the surrounding area of the instant housing site for a road connected to a public road by packaging it with cement, and the passage route portion is the 24 square meters in the ship connecting each point of 3 through 6, 14, 7 through 13, 16, 17, 17, 17, and 3 of the attached Table No. 15 and the attached appraisal map No. 3 through 6, 14, 7 through 13, 16, 17, 17, and 3 in order of the appraisal map indicated in the attached Table No. 15, 16, 13, 14, and 15.

As of December 16, 2019, the rent for the instant erosion land is KRW 121,250 per month, and the sum of rent for the instant erosion land from April 11, 201 to December 16, 2019 is KRW 10,648,50.

[Ground of recognition] A without dispute, Gap's evidence Nos. 1 through 5, 7, 8, Eul's evidence Nos. 3 through 5, 9, and 10, the result of this court's commission of the measurement and appraisal of the President of the South Yangyang-gu storage Authority in the Republic of Korea, the result of appraiser F's replacement of the appraiser F, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of claim, barring any special circumstance, the Defendant removed the instant housing site from the Plaintiff, and delivers the instant housing site to the Plaintiff, barring any special circumstance, and the amount of unjust enrichment equivalent to the rent from April 11, 2011 to December 16, 2019, which the Plaintiff acquired the ownership of the Plaintiff’s land, is 10,648.

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