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(영문) 전주지방법원 2019.11.01 2018가단28282

토지인도

Text

The Defendant-Counterclaim Plaintiff (Counterclaim) shall be the same land as 27 square meters and the same ground for the warehouse of light-scale iron bars with one story above 595 square meters in the E warehouse site in Kim Jong-do.

Reasons

The plaintiffs filed a claim by the plaintiffs, Eul, and Eul owned 1/2 of each of the 595 square meters and 1312 square meters of each of the 1312 square meters of each of the 595 square meters and 1312 square meters of each warehouse site in Kim Jong-si (No. 1). The defendant occupied the above warehouse site, and there is a building of 27 square meters of a 1st floor light steel frame warehouse and 15 square meters of each of the above buildings owned by the defendant.

Therefore, barring special circumstances, the defendant is obligated to remove each of the above buildings and deliver each of the above lands to the above plaintiffs, and due to the return of unjust enrichment, the above plaintiffs are obligated to pay 400,000 won per annum from September 12, 2018 to the completion date of delivery of each of the above lands (annual rent 1,200,000 ± 3).

The Plaintiff C owns a G large scale of 212 square meters in Kim Jong-do (No. 1) and the Defendant occupies it.

Therefore, barring any special circumstance, the defendant is obligated to deliver the above land to the above plaintiff, and the above plaintiff is obligated to pay the money calculated at the rate of KRW 400,000 per annum from September 12, 2018 to the completion date of delivery of the above land.

The defendant's claim asserts that since the defendant, around December 2002, leased it from the deceased H and then paid KRW 22,328,00,00, the plaintiffs are jointly and severally liable to return the above beneficial cost to the defendant.

However, the fact that the deceased I (the decedent of the plaintiff A) and the plaintiff B acquired the ownership of the land of 595 square meters and 1312 square meters in the E warehouse site in Kim Jong-si is April 30, 2004 (Evidence A 1), and the lease contract related thereto was concluded on September 11, 2009 (Evidence A 3), and there is no basis to seek the return from the plaintiff A and B (the defendant's statement on May 10, 2019).

In addition, since the fact that the contract of lease is concluded with the plaintiff C cannot be recognized, the defendant cannot seek a return of beneficial costs on the part of the plaintiff C with the payment of beneficial costs for the related land.

Therefore, it is true.