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(영문) 서울중앙지방법원 2016.10.25 2015가단5365479
건물철거 등 청구의 소
Text

1. The defendant is against the plaintiffs:

(a) remove each building listed in Appendix 1;

(b) deliver the land listed in Appendix 2;

Reasons

1. Facts of recognition;

A. The information on E-1 forest land in Gwanak-gu in Seoul Special Metropolitan City was 9,917 square meters of forest land in Gwanak-gu in Seoul Special Metropolitan City due to the change of the administrative subdivision and the conversion of the area on August 5, 1987.

On August 31, 1991, F forest 9,917 square meters in Gwanak-gu, Seoul Special Metropolitan City was divided into 3,306 square meters in F forest 3,307 square meters in Seoul Special Metropolitan City (hereinafter “instant land”) and 3,307 square meters in G forest 3,307 square meters in G forest 1,652 square meters in H forest 1,652 square meters in I forest 1,652 square meters, and each of the above divisional registrations was completed on September 25, 191.

At the time of the above division, J and K shared 1/2 each of the land in this case.

B. On February 28, 2002, the Plaintiff awarded the instant land in a voluntary auction procedure for each co-ownership owned by J and K on the instant land, and completed the registration of ownership transfer in its future.

C. On May 30, 2013, the Plaintiffs received 1/3 of each of the instant land from L from May 30, 2013, and completed the registration of ownership transfer on the ground of donation under the receipt of No. 134047 of May 30, 2013.

In around 1979, the Defendant’s husband, constructed each unauthorized building (hereinafter “each building of this case”) such as the attached Form 1 on the part of attached Form 2 (hereinafter “the occupied part of this case”) and lived with the Defendant and occupied the occupied part of this case.

In the meantime, the above M died on March 18, 1997, and the plaintiff continued living in each of the buildings of this case, and thereafter occupied and used the occupied part of this case.

E. From June 1, 2013 to May 31, 2016, unjust enrichment for the possession of the instant portion is KRW 38,416,562, and unjust enrichment for each month from June 1, 2016 to June 1, 2016 is KRW 1,137,476.

[Ground for Recognition: Facts without dispute, entry of Gap1 through 8, purport of the whole pleadings]

2. Determination

A. According to the above facts, the defendant without any title owned each of the buildings of this case on the occupied parts of this case and occupied the occupied parts of this case.

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