logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.02.05 2018가단118824
건물등철거
Text

1. The defendant shall be the plaintiff.

A. Of the 347 square meters in Namyang-si, an appraisal map in the attached Form No. 9, 10, 11, 12, 13, 14, 15, 16, 17, among the 347 square meters in Nam-si.

Reasons

1. Basic facts

A. On December 28, 2006, the Plaintiff completed the registration of transfer of ownership on the ground of sale on December 13, 2006 with respect to C, 347 square meters (hereinafter “instant land”) and D, 169 square meters and buildings on the land.

B. Meanwhile, on July 29, 2015, the Defendant completed the registration of ownership transfer based on sale on June 24, 2015, with respect to the building of 9 square meters and the building of 99 square meters and the building of 3, E, F ground mentblus and the building of 51.45 square meters (hereinafter “Defendant-owned building”) located adjacent to the instant land on July 29, 2015.

C. Of the instant land, the portion (b) of the attached appraisal map connected to each point of the instant land indicated in the order of marks 9, 10, 11, 12, 13, 14, 15, 16, 17, and 9 and the part (hereinafter “instant building”) and the part (b) of the multi-unit houses on the ground of the 22m2m2 square meters above the instant land owned by the Defendant and constructed over the boundary of the instant land. From that moment, the Defendant occupies and uses the part (b) of the instant land among the instant land by the instant building up to that time.

The total annual rent from July 29, 2015 to August 30, 2019 for the part (b) of the instant land is KRW 1,523,90, and the annual rent from July 29, 2019 to July 28, 2020 is calculated as KRW 413,200 per annum (monthly 34,400), and the annual rent thereafter is ratified as the same amount, unless there are special circumstances.

【In the absence of dispute, there is no ground for recognition; Gap evidence Nos. 1 through 3; Eul evidence Nos. 1 and 2 (including Serial numbers); the result of appraiser G’s appraisal of rent; the result of this court’s measurement and appraisal of the South and North Korea Land Information Corporation; the result of the commission of surveying and appraisal of the South and North Korea Land Information Corporation; the purport of all pleadings

2. Determination as to the cause of action

A. According to the above facts, the defendant, the owner of the building of this case, occupies the occupied part of this case as the site of the building of this case, and owns the plaintiff's ownership as to the occupied part of this case.

arrow