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(영문) 부산지방법원 2020.10.22 2020가단312199

토지인도

Text

1. The defendant is located in each vinyl house installed on the ground of 1,478 square meters in Kimhae-si, Kimhae-si.

Reasons

1. Basic facts

A. On September 15, 2017, the Plaintiffs entered into a sales contract with respect to the purchase price of KRW 400,000,000 (hereinafter “instant purchase and sale”) with respect to D 1,478 square meters (hereinafter “instant land”) owned by E (hereinafter “instant land”). On November 21, 2017, Plaintiff A, among the instant land, completed the registration of ownership transfer with respect to the Plaintiff 9/10 shares, and Plaintiff B, with respect to the Plaintiff 1/10 shares, based on each of the instant transactions.

B. The Defendant, a mother of E, has installed three vinyls on the entire ground of the instant land before the instant purchase and sale, and cultivated crops, such as drilling, within each of the said vinyl houses.

[Ground of recognition] Unsatisfy, entry and video of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number) and the purport of whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition as to the collection of crops and the request for delivery of the land of this case, the defendant is obligated to collect all crops within each vinyl house installed on the ground of the land of this case to the plaintiffs, the owner of the land of this case, and deliver the land of this case, unless there are special circumstances.

B. 1) According to the facts of recognition as to the claim for return of unjust enrichment, barring any special circumstance, the Defendant, by occupying and using the instant land without any legal cause, gains a reasonable amount of rent, and thereby, incurred damages equivalent to the amount. Therefore, the Plaintiffs are obligated to return the amount equivalent to the usage profit to unjust enrichment. 2) The scope of return of unjust enrichment is the Plaintiffs’ obligation to return the amount of unjust enrichment to the Plaintiffs. Of the instant land on November 21, 2017, the Plaintiff A completed the registration of ownership transfer based on the instant transaction with respect to 9/10 shares; Plaintiff B completed the registration of ownership transfer based on the instant transaction with respect to 1/10 shares; and the Defendant is three on the entire land of this case from the date of the instant transaction.