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(영문) 서울중앙지방법원 2016.02.03 2014가단245535
건물철거 및 부당이득금반환등
Text

1. The defendant shall be the plaintiff.

(a) Of 1021 m21 m2 in the Gyeonggi-do, 1,2,3,4,5,6,7,8,9,10 of the annexed drawings.

Reasons

1. Basic facts

A. The Plaintiff is divided into fences with a size of 510 square meters in a ship, which successively connects each point of 29, 30, 31, 32, 33, 34, 35, and 29, the Plaintiff acquired the land of this case on March 3, 2009 (hereinafter “instant land”) and acquired on March 3, 2009 due to inheritance by agreement division.

8. 13. The person who completed the registration procedure for ownership transfer in the name of the Plaintiff as the receipt of the Suwon District Court Leecheon District Court No. 37926.

B. The Defendant is deemed to be the owner of 15th 8th 8th Domen and coagulation building built on the instant land, and 15th 8th Domen and 5th Domen and 39.27th mar housing on one floor. However, in fact, the real estate registration injury is indicated on the instant land: ① 1,2,3,4,5,6,7, 8, 9, 10, 11, 12, and 100 on the instant land, which are successively connected with each of the points of 68th mar 68th mar, and 2nd 15th mar 24th mar 13,14, 15, 16, 17, 18, and 13th 24th mar 24th mar 24th mar mar 24th mar mar mar 24th mar mar mar.

C. The rent of the instant land is KRW 354,450 per month during the period from August 13, 2014 to August 12, 2015, and the rent after August 13, 2015 is KRW 378,250 per month.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 3, appraiser Eul's survey and appraisal results, appraiser E's appraisal results, the purport of the whole pleadings

2. The parties' assertion

A. The defendant constructed each of the buildings of this case on the land of this case owned by the plaintiff without permission.

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