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(영문) 대전지방법원홍성지원 2019.07.17 2017가단7040
건물철거 등
Text

1. The defendant shall be the plaintiff.

(a) remove the housing indicated in the attached list of 181m2 on the ground of 181m2, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and B.

Reasons

In full view of the purport of the pleadings as a result of the appraisal of rent of Gap 1 through 5 and 9, and of appraiser D, the plaintiff paid the successful bid price in the compulsory auction procedure with respect to one-third share of 545 square meters in Chungcheongnam-gun, Chungcheongnam-gun, on March 8, 2017. The plaintiff filed a lawsuit against other co-owners of the above land, and sentenced on December 26, 2018, "181 square meters out of 545 square meters in Chungcheongnam-gun, Chungcheongnam-gun, and 364 square meters as owned by the plaintiff, and the remaining 364 square meters as owned by other co-owners." The above judgment became final on February 2, 2019; on February 14, 2019, the total amount of KRW 364 square meters in the above land was divided into 80,500,000,000,0000 per annum-gun, 37,000,000 square meters in the above land.

According to the above facts, barring any special circumstance, the defendant is obligated to remove the above house to the plaintiff, deliver the land of this case to April 8, 2019, and pay the amount of 1,343,020 won, the total amount of unjust enrichment equivalent to the rent from March 8, 2017 to April 8, 2019 (=624,450 won, KRW 718,570), delay damages, and the amount of money calculated at the rate of 59,880 won per month from April 9, 2019 to the completion date of the delivery of the land of this case.

In this regard, the defendant has obtained the consent of co-owners of the housing site (at least 2/3 of equity right holders) at the time of new construction of the housing.

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