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(영문) 부산지방법원동부지원 2019.05.15 2018가단208842

토지인도

Text

1. The defendant is against the plaintiffs:

(a) Of the 680 square meters in a dial-type D, each point is indicated in the attached drawing (1), (2), (8), and (1).

Reasons

1. Facts of recognition;

A. The Plaintiff completed the respective registration of ownership transfer on September 1, 2004 with respect to the portion on September 1/2, 2004 among the portion of D 680 square meters in macro-si (hereinafter “instant land”), and on the remainder of 1/2 on September 27, 2006.

After October 15, 2012, Plaintiff B purchased 1/2 shares out of the instant land from Plaintiff A and completed the registration of ownership transfer on October 16, 2012.

B. Around July 1, 2011, the Defendant purchased and delivered 25 square meters from the E Village Association’s 205 square meters (hereinafter “instant building”). The part of the instant building and the structure, such as the fence, etc., of the instant land, are the parts on the ship (a) connected each of the instant land in sequence with each of the instant areas (hereinafter “instant dispute land”).

C. The sum of the rent from September 29, 2014 to August 31, 2018 for the instant dispute land is KRW 615,000, and the rent after September 1, 2018 is KRW 16,000.

[Ground of recognition] The fact that there is no dispute, each entry and video of Gap's 1 through 4 (including a case where there is a serial number), the result of the commission of appraisal to G of this court, the purport of the whole pleadings

2. According to the above facts, the defendant removed the structure of the building of this case which affected the land of this case among the buildings of this case, and delivered the land of this case. The above 615,000 won as unjust enrichment equivalent to the rent for the land of this case, and the "duplicate of the complaint" in paragraph (2) of the amended purport of this case among the purport of this case and the application form for modification of the cause of claim, the "duplicate of the complaint" shall be deemed to mean "duplicate of the application form for alteration of the purport of this case and the cause of claim of this case."

The damages for delay calculated at the rate of 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from November 8, 2018 to the date of full payment, which is the day following service, shall be paid, and the delivery of the land in this case from September 1, 2018 to the date of full payment.