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(영문) 광주지방법원 2017.12.20 2017가단11815
건축물철거 등
Text

1. The defendant shall be the plaintiff.

A. The following facilities are installed with the indication of the annexed drawing No. 1 among the area of 4302 square meters in the land of Jeonnam-gun, Jeonnam-gun.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased on June 18, 2015 a forest land of 4302 square meters in Yong-gun, Jeonnam-gun (hereinafter “instant land”). On the 22th day of the same month, the Plaintiff completed the registration of ownership transfer pursuant to Article 9374 of the Mine District Court’s receipt.

B. The Defendant installs the following facilities on the instant land:

(1) In the order of 31, 43, 44, 29, 30, and 31 attached Table 1 drawings, (3) part of the ship (4.3 square meters) connected in sequence with cement brick structure, straw roof warehouse, and (2) part (45, 46, 47, 48, and 45 square meters on the ground of 73.5 square meters with the indication of the same drawing drawings, (4) a plastic brick shed of a cement brick structure connected in sequence with cement brick structure in the order of 49,50, 51, 52, and 49 square meters on the ground of 85.3 square meters with the indication of the attached drawing, (5) part (5) connected with cement brick structure in the order of 21,22,23, 25, 26, 47, 47, 47, 17, and 217, and (5) part (3) a cement fence in the order of 206 square meters.

C. The Defendant: (a) raising cattle, dog, chickens, and other livestock in each of the above facilities; and (b) selling livestock excreta in the part of the ship (i) connected with each of the above facilities in sequence of 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 12, 27, 28, 30, 31, and 17, and 25, 32, 33, 34, 35, 36, 37, 38, 7, 9, 10, 11, 12, 26, 25, 26, 12, 27, and 25, with the indication of 25, 32, 34, 34, 37, 38, 9, 10, 10, 25.

The rent for the portion of the instant land possessed by the Defendant is KRW 1,715,270 for the rent from June 22, 2015 to November 10, 2017, which is the date of appraisal of the Plaintiff’s ownership from June 22, 2015, and KRW 221,530 for the same period from November 11, 2017, and KRW 74,030 for the rent from November 11, 2017.

[Ground of recognition] In the absence of dispute, Gap evidence 1, appraiser D, and E as a result of a survey and a fee appraisal.

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