logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.06.10 2013가단19802
건물철거 및 토지인도
Text

1. The Plaintiff:

A. Defendant B, 1), as shown in the [Attachment A] List (No. 6, 7, 8, 9, 10, 11, 12, 13.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) On June 4, 2013, the Plaintiff is the real estate indicated in attached Table 1 (1) that was owned E in the procedure for compulsory auction by Changwon District Court D real estate on June 4, 2013 (hereinafter “instant site”).

(2) On the ground of part 182 m2, Defendant B newly built and completed registration of preservation of ownership on February 12, 1996, most of the instant buildings (a part of the building is on the third party’s real estate) and Defendant C leased one floor from Defendant B around October 29, 2009 and operated the main points on the leased building, which are located in order to connect each point of which is indicated in the Map No. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 6 among the above land.

3) From around July 15, 2013 to July 14, 2014, the amount equivalent to the rent for the instant site is KRW 1,209,00 per month, in the absence of a security deposit. [Defendant B based on recognition: (a) the absence of dispute over the facts that there is no dispute over the instant site; (b) the entries in Gap evidence 1-2, Gap evidence 2, Gap evidence 4-1, 2, and Gap evidence 4-1, 5 through 8; (c) the results of the measurement and the assessment of rent; and (d) the purport of the entire pleadings: Article 150(3) and (1) of the Civil Procedure Act.

B. According to the above facts of recognition, insofar as Defendant B did not have a legitimate title to possess the instant site, Defendant B is obligated to remove the building and appurtenant facilities on the ground of the part 1 of the instant site, which was 182 square meters in sequence with each of the items indicated in the annexed drawings among the instant site, and the part 1 of the instant site connected each of which was 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 182 square meters, and deliver the instant site, and from July 15, 2013, on which the Plaintiff acquired the ownership of the instant site, the Plaintiff is obligated to pay unjust enrichment equivalent to the rent of KRW 1,209,00 for each month from July 15, 2013 to the date on which the delivery of the said site is completed. Defendant C is obligated to leave from the first floor of the instant building in his possession

2. Determination as to Defendant B’s assertion

A. As to this, Defendant B was at the time of constructing the instant building.

arrow