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(영문) 인천지방법원 부천지원 2018.06.20 2017가단103452
건물등철거
Text

1. The defendant shall be the plaintiff.

A. Of the land size of 202 square meters in Kimpo-si, each point of the attached Form No. 5, 6, 7, 8, and 5 is attached hereto.

Reasons

1. Facts of recognition;

A. On December 26, 2016, the Plaintiff was a person who completed the registration of ownership transfer with respect to the land of 202 square meters in Kimpo-si, Kimpo-si (hereinafter “instant land”). The Defendant is the owner of DNA detached housing (hereinafter “instant building”).

B. Part of the instant building was constructed on the instant land as indicated in the text.

[Grounds for Recognition: Facts without dispute, result of survey and appraisal conducted by appraiser E, purport of the whole pleadings]

2. Determination

A. According to the above facts, the defendant, as the owner of the land of this case, has the duty to remove each part of the above part of the ground building entered in the order, deliver each part of the above part to the plaintiff, and return unjust enrichment equivalent to the rent for each part of the above part in the ship possessed by the

B. Furthermore, comprehensively taking account of the purport of the entire pleadings as to the amount of unjust enrichment to be returned by the Defendant, the following facts are acknowledged: (a) the sum of rent from January 1, 2017 to December 31, 2017 for each of the above parts possessed by the Defendant; and (b) the monthly rent from January 1, 2018 to January 31, 2018 constitutes a total of 368,900; and (c) the subsequent rent is confirmed to be the same amount; (d) therefore, the Defendant, as the date of acquisition of the Plaintiff’s ownership, has the obligation to return the aforementioned portion of unjust enrichment from January 1, 2017 to April 30, 2018 to KRW 5,841,200 [=4,600, KRW 1475,605, KRW 6088, May 36, 208).

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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