(영문) 인천지방법원 2015.01.29 2014가합6295

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자간(%)

(영문) 인천지방법원 2015.01.29 2014가합6295

건물철거등

Text

1. The defendant

(a) Of the buildings listed in paragraph (1) of the attached Table 1, the current status of the ground floors and the 1 to 3 floors of the attached Table 2.

Reasons

1. Basic facts

A. On May 12, 2014, the Plaintiff acquired ownership of 25/30 shares of the land listed in Annex 1 List 2 (hereinafter “instant land”).

At present, the land of this case is owned by A (1/6) in addition to the plaintiff.

B. Since completing the registration of ownership transfer on September 6, 2007, the Defendant owned a building listed in attached Table 1 List No. 1 (hereinafter “instant building”). Of the instant building, part of the instant building is located in a part of 82.3 square meters in the ship connecting each point of the attached Table No. 4, 5, 6, 7, 8, 9, 10, 21, and 4 among the instant land in sequential order (hereinafter “the pertinent part of the instant land”). The instant building located in the pertinent part of the instant land is located in the 82.3 square meters of the attached Table No. 2 drawings, 5, 6, 8, 9, 10, 10, 21, and 4, each of which is connected with each point of the instant building No. 4, 5, 9, 10, 21, and 82.3 square meters in sequence, and each of which is linked to the pertinent part No. 97, 214,297,24 and 27.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 4, and 5 (including virtual numbers), the purport of the whole pleadings

2. According to the above facts as to the cause of claim, the defendant owned the building of this case where part of the pertinent part of the land owned by the plaintiff owned co-ownership, and occupied and used the pertinent part of the land of this case. Thus, barring any special circumstance, as co-owner of the pertinent part of the land of this case, the pertinent part of the building of this case is removed, and the pertinent part of the land of this case is handed over, and the corresponding part among the land of this case is handed over, and the amount equivalent to the share of the plaintiff out of the unjust enrichment from the possession and use

further, it shall be returned.

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