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(영문) 서울북부지방법원 2018.02.08 2017가단114723
건물철거 및 토지인도등 청구의 소
Text

1. The defendant shall be the plaintiff.

A. Of the buildings listed in paragraph 1 of the attached list, the Attached Reference Nos. 11, 12, 13, 14, 15, 17, 16, 16.

Reasons

1. The following facts can be acknowledged in full view of the evidence No. 1, No. 2, and No. 4, and the result of this court’s request for measurement and appraisal to the Seoul Northern Vice-Governor of the Korea Land and Infrastructure Information Corporation, and the purport of the entire pleadings as a result of a request for voluntary appraisal by the C appraiser office.

On December 22, 2006, the Plaintiff completed the registration of ownership transfer with respect to the land listed in the separate sheet Nos. 2 and 3 (hereinafter “Plaintiff’s land”).

B. On September 1, 2006, the Defendant completed the registration of ownership transfer with respect to the building listed in paragraph (1) of the attached list (hereinafter “Defendant building”) and the building site of Dobong-gu Seoul Metropolitan Government D large-scale 96 square meters.

C. However, part of the Defendant’s building intrudes the Plaintiff’s land, and the area of the bed is four square meters for girls (the part indicated in paragraph (1) of this Article) and two square meters for walls (the part indicated in paragraph (1)(b) of this Article, and the part indicated in paragraph (1)(c) of this Article, and the part indicated in paragraph (1)(c) of this Article, and the part indicated in paragraph (1)(c) of this Article; hereinafter referred to as “bbrue land”).

In addition, the amount equivalent to the rent from May 1, 2007 to September 30, 2017 for the aggregate of six square meters of the land in question is KRW 5,835,800, and the monthly rent is KRW 67,000 around October 2017.

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to remove the female and fence, which are the part of the part of the plaintiff's land among the defendant's building, and deliver the affected land to the plaintiff.

In addition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from October 31, 2017 to the date following the delivery date of the written application for modification of the purport of the instant claim and the written application for modification of the cause of the claim to the Plaintiff, equivalent to the rent of 5,835,800 won from May 1, 2007 to September 30, 2017, and to pay 67,000 won as of the last day of each month from October 1, 2017 to the date of completion of possession or loss of the Plaintiff’s ownership.

B. Judgment on the Defendant’s assertion 1.

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