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(영문) 서울중앙지방법원 2017.05.16 2016가단5184240
건물철거 및 토지인도 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant):

A. The attached map No. 79, among the 42,478§³ in Dongjak-gu Seoul Metropolitan Government.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is a reconstruction housing association established under the Housing Construction Promotion Act for reconstruction on the ground of the land of this case and approved on June 27, 2003.

B. The Plaintiff’s members entrusted each share of the instant land to the Plaintiff, and completed the registration of ownership transfer based on the Plaintiff’s name by June 29, 2016.

C. On June 5, 2003, the Defendants purchased the Dongjak-gu Seoul Metropolitan Government Embro 112 square meters (hereinafter “instant land”) and its ground buildings (hereinafter “instant housing”) adjacent to the instant land, and completed the registration of ownership transfer as to each of the instant land 1/2 shares on July 18, 2003.

Among the land of this case, among the items indicated in the separate sheet Nos. 79, 80, 81, 82, and 79, the ship (hereinafter “the warehouse of this case”) connected each point of 21 square meters in a warehouse (hereinafter “the warehouse of this case”) which is part of the housing of this case among the land of this case is installed in the ship that connects each point of 83, 84, 85, 86, and 83 of the same drawing Nos. 83, 84, 86, and 83. The defendants occupy the part of the housing of this case as the site of the housing of this case.

E. The monthly rent of the occupied portion in this case is equivalent to KRW 205,000 from August 8, 2015 to August 7, 2016, and KRW 208,000 from August 8, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 2, 5, Eul evidence No. 1 (including the number of each unit), and images; the result of the survey appraisal and clinical fee appraisal by this court; the purport of the whole pleadings

2. According to the above facts of recognition as to the claim of the principal lawsuit, the defendants are obligated to remove the warehouse of this case and the beeas of this case to the plaintiff, and deliver the occupied part of this case to the plaintiff, except in extenuating circumstances.

In addition, the Defendants occupied the part of the instant case and took advantage of the unjust enrichment equivalent to the rent.

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