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(영문) 대전지방법원서산지원 2017.10.18 2017가단50398
건물등철거
Text

1. The Defendant shall pay to the Plaintiff KRW 1,264,670 as well as 15% per annum from September 23, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Defendant completed the registration of ownership transfer on the same day on April 26, 2016, with respect to D miscellaneous land 7,972 square meters, and 160.15 square meters in a single-story roof 160.15 square meters in a single-story roof factory, E factory site, 581 square meters in a FF factory site, and 1,371 square meters in a factory site (hereinafter the above real estate collectively referred to as “real estate owned by the Defendant”).

B. The Plaintiff completed the registration of ownership transfer on November 15, 2016, on the ground of sale due to voluntary auction on November 9, 2016, with respect to the land of 824 square meters, 273 square meters prior to G, H, and 622 square meters (hereinafter referred to as “the Plaintiff’s real estate by aggregating the said land”).

C. A part of a concrete retaining wall installed on D land in Seosan-si, Seosan-si, is installed in the area of 4.7 square meters inside a ship which connects each point of 5, 6, 7, and 5 in sequence among C land owned by the Plaintiff.

On February 28, 2017, the Defendant operated a scrapping box on the real estate owned by the Defendant, installed a fence on the adjoining Plaintiff’s real estate, removed it by concrete, and occupied the real estate owned by the Plaintiff by means of piling-up of the motor vehicle, etc., and delivered the occupied portion to the Plaintiff.

E. The sum of rent from November 10, 2016 to February 28, 2017 for real estate owned by the Plaintiff is KRW 1,264,670.

F. On July 20, 2017, the Defendant sold the land of Seosan City D, which was owned by the Defendant, to J, and the same year.

8. 18. 18. J completed the registration of ownership transfer on the above land.

[Ground of recognition] A without dispute; Gap evidence 1 and 2; Eul evidence 13 (including paper numbers); the result of the commission of surveying and appraisal to the Seog District History in the Korea Land and Information Corporation; the result of commission of appraisal of rent to appraiser K; the purport of the whole pleadings

2. According to the above facts of recognition of the claim for return of unjust enrichment, the Defendant: (a) from November 10, 2016, the following day after the Plaintiff acquired ownership due to unjust enrichment acquired by occupying and using real estate owned by the Plaintiff, the Defendant occupied the said portion.

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