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(영문) 전주지방법원 2015.11.17 2014가단24411
건물철거 토지인도 등
Text

1. The Defendants are to the Plaintiff:

A. Of the size of 5127 square meters per 5,127 square meters per Do, Jeollabuk-do, Jeollabuk-do, Jeollabuk-do, the number of pages 19,20,21,22,23.

Reasons

1. Basic facts

A. On April 3, 1989, the Plaintiff purchased 5127 square meters (hereinafter “instant land”) prior to Jeju-do, Jeollabuk-do, Jeollabuk-do, and completed the registration of ownership transfer under its own name on April 28, 1989. Defendant B purchased 2325 square meters (hereinafter “instant adjacent land”) adjacent to the instant land on June 9, 1997, and completed the registration of ownership transfer under its own name on June 12, 1997.

B. The Defendants, as married couple, have raised a cattle shed in the neighboring land of this case. The point of its operation is so large that they expanded the house and eventually began to commit a crime against the land of this case owned by the Plaintiff. Since 2004, the part of the land of this case, which the Defendants raised a lawsuit and possessed as a livestock shed site, etc., is 398 square meters in attached Form 2, and the Defendants used the part of (b) and 41 square meters in attached Form 1 as a livestock shed, and the part of (c) 9 square meters in part among them, as a livestock shed management road.

C. Of the instant land, the sum of rent from January 1, 2015 to March 31, 2015 for a portion of 398 square meters among the instant land is KRW 11,672,850, and the monthly rent from April 1, 2015 to the said portion is KRW 191,040.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 (including each number if there is a tentative number), appraiser F's fee appraisal result, appraiser G's result of each survey appraisal of appraiser G, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendants: (a) removed the Plaintiff the part of the attached Form 2 drawings (b) and the part of the above drawings (c) 41 square meters among the instant land; and (b) deliver the land of the attached Form 1 drawings (b) and 398 square meters; and (b) jointly deliver the land of the attached Form 2 drawings (b) from January 1, 2015 to March 31, 2015, the sum of the rent of KRW 11,672,850 from January 1, 2015 to March 31, 2015, as sought by the Plaintiff, and the Plaintiff’s application for the alteration of the lawsuit filed on October 26, 2015 by the Plaintiff was served on the Defendants.

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