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(영문) 울산지방법원 2016.04.14 2015가합21093
건물등철거
Text

1. The Defendants remove the buildings listed in [Attachment 1] List 2 to the Plaintiff, and the land indicated in [Attachment 1] List 1.

Reasons

1. Basic facts

A. On November 22, 2001, the Plaintiff acquired ownership of the land listed in attached Table 1 List 1(1) (hereinafter “instant land”) and owns it until now.

B. On November 4, 2002, the Plaintiff leased the instant land to D as KRW 10,000,000 per month, and KRW 1,000,000 per month, and on November 6, 2003, the Plaintiff changed the instant land to KRW 1,50,000 per month.

C. D on March 7, 2003, a building listed in [Attachment 1] List 2 (hereinafter “instant building”) was newly constructed on the ground of the instant land, but sold to E on July 11, 2006 during the voluntary auction procedure.

The Defendants purchased a building from E on September 14, 2006 and thereafter occupied the instant land from that time. On October 11, 2006, the Defendants completed the registration of ownership transfer with respect to one half of each of the instant buildings.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Gap evidence 13 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. Determination 1 as to the cause of the claim is acknowledged in full view of the images of evidence Nos. 5 through 12 as well as the purport of the entire pleadings and appraisal by appraiser F, the entire land of this case was used as a site necessary for the location and use of the building since the construction of the new building. According to the above facts of recognition, the Defendants illegally occupied and used the land by owning the building on the land of this case, thereby gaining profits from the use of the land, thereby incurring damages equivalent to the same amount to the Plaintiff who is the landowner. Accordingly, the Defendants are jointly obligated to remove and deliver the building to the Plaintiff, and jointly return the rent equivalent to the occupancy and use of the land as unjust enrichment to the Plaintiff, barring any special circumstance. 2) The scope of return of unjust enrichment to the Defendants is to return unjust enrichment.

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