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(영문) 광주지방법원해남지원 2020.02.04 2019가단202914

토지인도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion is the owner of the land for a factory of 891m2 and 2,868m2 (hereinafter “each of the instant lands”) in Jeonnam-gun, Jeonnam-gun, Jeonnam-gun, and the Defendant without any title occupies two containers on each of the instant lands by installing two containers on each of the instant lands without any title.

Therefore, the Defendant is obligated to deliver each of the instant lands to the Plaintiff, and the Plaintiff is obligated to pay the money calculated by the rate of KRW 500,000 per month from October 16, 2019 to the completion date of delivery of each of the instant lands due to the return of unjust enrichment from the possession and use of each of the instant lands from October 16, 2019

2. Although the fact that two containers installed on the ground of each of the instant lands owned by the Defendant does not dispute the fact that they are owned by the Defendant, it is insufficient to recognize the fact that the Defendant possessed each of the instant lands solely by the fact that the aforementioned recognition was insufficient to recognize the fact that the Defendant occupied

(B) In light of the purport of the entire pleadings in the statement Nos. 1-1 and 2, the above 2 containers are leased by the Defendant to E Co., Ltd., an incorporated agricultural company and E Co., Ltd., established on each of the instant lands. According to the above facts of recognition, it is difficult to deem that the Defendant occupied each of the instant lands. Therefore, the Plaintiff’s claim premised on the possession of each of the instant lands cannot be accepted without examining the remainder of the pleadings.

3. As such, the plaintiff's claim is dismissed on the ground that it is reasonable.