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(영문) 인천지방법원 2017.01.06 2014가합60503
건물명도
Text

1. The defendant shall be the plaintiff.

A. The “land” list as indicated in the annex 2 list is indicated in the same list of land.

Reasons

1. The Plaintiff’s cause of the Plaintiff asserts to the effect that, without any legal cause, the Defendant occupied each of the buildings listed in the separate sheet No. 2 “building” (hereinafter “each of the buildings of this case”) on the land listed in the separate sheet No. 1 (hereinafter “each of the buildings of this case”) owned by the Plaintiff, or occupied each of the lands listed in the separate sheet No. 3 (hereinafter “each of the lands occupied by loading raw materials, wastes, etc.”) without any legal cause, the Plaintiff is obligated to remove each of the above buildings, deliver each of the above occupied land, and return unjust enrichment from December 25, 2009 on each of the lands occupied by the Plaintiff.

2. According to the reasoning of the judgment as to the cause of the claim, the statements in Gap evidence Nos. 1 through 29, the results of the appraiser Gap's survey and appraisal, and the whole purport of pleadings, the plaintiff is the owner of 480,629,489,460 of the land No. 1 among the land since December 24, 2009, the total land No. 2 through 11, 13,671/30,20 of the land No. 12, and the ownership of 13,671/30 of the land No. 12, and the defendant has owned each of the buildings of this case or loaded concrete, raw materials, wastes, etc. on each of the land of this case from the time of the above time to

(A) The Majority Opinion argues that the Plaintiff did not own any part of the building without permission and it is very difficult to prove who is the owner. The Defendant merely denies that the ownership of a part of the building is not the owner of the building, and does not comply with the request of this court to clarify the ownership relationship. Furthermore, according to the health account, the appraiser B’s fee appraisal results, and the overall purport of pleadings as to the amount of unjust enrichment, the cumulative rent for each possession of the land from December 25, 2009 to August 20, 2016, and the cumulative rent for each possession from December 25, 2015 to August 20, 2016, and the monthly rent for each possession of the land from August 20, 2016 as indicated below.

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