beta
(영문) 수원지방법원평택지원 2016.06.17 2015가단46398

건물등철거

Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) the attached appraisal map 1, 2, 3, 4, 5.

Reasons

1. Basic facts

A. On June 29, 2011, the Plaintiff completed the registration of ownership transfer on the ground of “sale on June 27, 2011,” with respect to the land of Pyeongtaek-si E (hereinafter “instant land”).

B. The Defendants were growing crops on the instant land before February 2013, and, on the ground on the ground indicated in the order on the part of the instant land located on the ground in the main text (i) part of the instant land, have a plastic house of 1 69 square meters (hereinafter “instant plastic house”) and on the ground indicated in the main text, have a pipe and a 70 square meters or less per 70 square meters per annum of a building without permission on the part of the main text on the ground.

3) Each party shall be entitled to construct and own each subparagraph. [Grounds for Recognition] A shall not have dispute between the parties, Gap evidence Nos. 1 and 2 (including paper numbers), the result of the request for surveying and appraisal by this Court, the purport of the whole pleadings.

2. According to the above facts of recognition, the Defendants are jointly and severally obligated to collect agricultural crops on the ground of the instant land from the Plaintiff, remove the instant plastic houses and buildings, deliver the instant land, and return gains obtained by occupying and using the instant land without a legitimate title to the Plaintiff as unjust enrichment.

Furthermore, with respect to the amount of unjust enrichment to be returned by the Defendants, the amount of profit from the possession and use of the land in this case shall be equivalent to the rent. According to the result of the court’s entrustment of appraisal of rent, the sum of rent for the land in this case from March 1, 2013 to April 27, 2016 is 9,219,95. The sum of rent for the land in this case is 9,219,95, and the annual rent for the land in this case from June 29, 2015 to April 27, 2016, which is close to the closing date of the pleadings in this case.

Therefore, the Defendants jointly and severally collect agricultural crops on the ground of the instant land from the Plaintiff, remove each of the instant plastic houses and buildings, deliver the instant land, as sought by the Plaintiff, and rent for the instant land from March 1, 2013 to April 27, 2016.