beta
(영문) 인천지방법원 부천지원 2018.03.28 2017가단113497

토지인도

Text

1. The defendant,

A. After collecting trees planted on the land listed in the attached Table 1 attached hereto to Plaintiff A, the land above is collected.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the land listed in the separate sheet 1, and is the 2/5 share holder of each land listed in the separate sheet 2 and 3, and the Defendant is the share holder of 1/45 of each land listed in the separate sheet 2.

B. From February 2012, the Defendant occupied and used the land without permission by planting in each land listed in the separate sheet 1 and 2, and occupied and used the land as indicated in the separate sheet 3.

On the other hand, the sum of monthly rents or monthly rents for each land listed in the attached list is as follows.

The rent shall be the total rent from February 1, 2012 to January 25, 2018, attached Form 3, 914,039 won (2/5 shares: 1,565,615 won): 5,318 won (2/5 won: 16,226,398 won) in attached Form 3, 3,914,039 won (Plaintiff A2/5 shares: 1,565,615 won) in land 40,565,96 won in attached Form 2 (Plaintiff A2/5 shares: 16,226,39 won) in total (246,385 won: 24: 245 won) in land 3,914,039 won (Plaintiff A2/5 shares: 1,565,615 won) in 59,318 won (2/5: 23,727 won in total) in 235,2891 won in A.

C. Around November 2013, the Defendant destroyed an amount equivalent to KRW 6glus 15,000,000, which was cultivated by Plaintiff B on the land listed in the attached Table 2, on the land listed in the attached Table 2, and damaged the amount equivalent to KRW 700,000,000, which was cultivated by Plaintiff B, on the land listed in the attached Table 1, around May 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, each of the statements and the purport of whole pleadings

2. Determination

A. According to the above facts, the Defendant, as co-owners of each land listed in the separate sheet No. 1, as co-owner of the land listed in the separate sheet No. 2, and 3, sought as co-owners of the land listed in the separate sheet No. 1, (1) collects trees listed on the land listed in the separate sheet No. 1, and delivers the land, and then delivers the land, and (2) pays unjust enrichment for the Optional Party calculated at the rate of KRW 86,596 per month from January 26, 2018 to the date the delivery of the land is completed, and (2) delivers the land after collecting trees listed on the land listed in the separate sheet No. 2, and from January 26, 2018 to the date the delivery of the land is completed.