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(영문) 수원지방법원여주지원 2015.11.17 2015가단1743

토지인도

Text

1. The defendant shall be the plaintiff.

A. In order of each point of the attached Form 1 to 12, and 1, among the area of 366 m2, c. 366 m2 in Sju-si.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner who completed the registration of ownership transfer on May 22, 1978 with respect to C & C 366§³ and D & D 627§³ (hereinafter “each of the instant lands,” and with respect to each of the instant lands only parcel numbers, the Plaintiff is the owner who completed the registration of ownership transfer on May 22, 1978

B. On the ground of each of the instant lands, buildings such as the Disposition No. 1-A and Paragraph (b) are constructed, and the Defendant acquired each of the above buildings on October 17, 2014, and the remainder except the occupied area of the building C among the land is occupied by the Defendant as a house.

(c) The aggregate amount of rent from October 17, 2014 to August 17, 2015 of C land is KRW 2,716,00 (annual rent 3,250,000 x 305 days/365 days/365 days/ month, 270,800 (3,250,000 ±12)).

[Ground of recognition] The facts without dispute, Gap 1 and 2 evidence (including all branches numbers; hereinafter the same shall apply) and the result of the court's entrustment of the fee appraisal to the sports branch office of the Korea Land and Information Corporation, the result of the court's entrustment of the survey and appraisal to the branch office of the Korea Land and Information Corporation, the purport of the whole pleadings

2. According to the above facts, unless the defendant asserts and prove otherwise that he/she has the right to possess each of the lands of this case, the defendant is obligated to pay to the plaintiff who is the owner of each of the lands of this case the sum of the rent of KRW 2,716,00 and KRW 270,80 each of the two months confirmed as the rent of August 18, 2015 and the monthly rent of KRW 270,80 each of the two months confirmed as the rent of August 18, 2015 by the defendant until the defendant delivers the land of this case to the plaintiff.

The Plaintiff demanded that the Plaintiff pay unjust enrichment equivalent to the above rent until the Defendant transferred each of the instant land to the Plaintiff, but the Plaintiff on October 8, 2015.