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(영문) 부산지방법원 2019.09.26 2018가단318439
토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the land size of 649 square meters in Busan Dong-gu, Busan Metropolitan City, the land size of the attached Form 1 is indicated as 9, 10, 11, 12, 13, 14, 9.

Reasons

1. Facts of recognition;

A. On August 17, 2015, the Plaintiff completed the registration of ownership transfer with respect to the Plaintiff’s land of the Dong-gu Busan metropolitan area of 649 square meters (hereinafter “Plaintiff’s land”).

B. On October 5, 1987, the Defendant completed the registration of ownership transfer with respect to buildings indicated in the 199 square meters and the attached Table 2 list on the land adjacent to the Plaintiff’s land (hereinafter “Defendant building”).

C. The Defendant’s building is constructed on the ground of 4 square meters of “1” portion on the Plaintiff’s land, which connects each point of Annex 9, 10, 11, 12, 13, 14, and 9, in sequence, among the Plaintiff’s land. The Defendant occupied and used the part of “1” portion on the part of “2” (hereinafter referred to as “the part on the part on the part on the part on the ship”) which connects each point of Annex 1, 2, 3, 4, 5, 6, 7, 8, 9, 14, 13, 12, 11, and 11, and 4, 15, 6, 5, and 4 of the same drawings, and the part on the part on the part on the part on the part on the ship (hereinafter “previous occupied part”). The Defendant terminated around March 1, 2015.

The monthly rent of 36,00 won from August 17, 2015 to December 31, 2015; the monthly rent of 40,000 won from January 1, 2016 to December 31, 2016; the monthly rent of 44,000 won from January 1, 2017 to December 31, 2017; the monthly rent of 44,000 won from January 1, 208 to December 31, 2018; and the monthly rent of 51,000 won from January 1, 2018 to December 31, 2019; and the monthly rent of 56,00 won from January 1, 2019.

In addition, the monthly rent from August 17, 2015 to December 31, 2015 is 24,000 won, the monthly rent from January 1, 2016 to December 31, 2016 is 273,000 won, and the monthly rent from January 1, 2017 to December 31, 2017 is 298,000 won, and the monthly rent from January 1, 2017 to December 31, 2017 is 34,00 won from January 1, 2018 to December 31, 2018.

[Ground of Recognition] Facts without dispute, entries and images of Gap evidence 1 through 5 (including the number of each branch number), and this.

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