토지인도
1. The Defendants jointly do so to the Plaintiff:
A. The annexed map No. 23 through 42, among the area of land E 27,985 square meters in Daejeon Pream-gu E.
1. Facts of recognition;
A. On May 3, 2016, the Plaintiff acquired the ownership of the instant forest land through a voluntary auction procedure (hereinafter “instant voluntary auction procedure”) with respect to the area of 27,985 square meters of forest E, Seongdong-gu, Daejeon (hereinafter “instant forest”).
B. The Defendants are occupying trees by planting them on the ground of 9,470 square meters in part (b) in a ship connected in sequence 1,084 square meters and 22 and 1 of the drawings, such as (a) part (i) of the forest of this case, which was connected in sequence 23 through 42, and 23, among the forest of this case before the Plaintiff acquired ownership.
(hereinafter referred to as “land occupied in the instant case”). C.
On the other hand, the forest of this case is located within the development restriction zone.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, the Defendants occupied and used the land of this case by planting trees on the land occupied by the Plaintiff, which is owned by the Plaintiff. As such, the Defendants jointly remove trees planted on the ground of the possession of this case and deliver the said land. The Plaintiff is obligated to return unjust enrichment equivalent to the rent from May 4, 2016 to the completion date of delivery of the land occupied by the Plaintiff, including the land occupied by this case.
B. Furthermore, according to the following: (a) the amount of unjust enrichment to be returned by the Defendants is examined; (b) the commission of appraisal of rent for the appraiser F of this Court from May 4, 2016 to November 23, 2018; and (c) the rent for the land occupied in the instant case is KRW 4,85,070 [Article 4,85,070 [Article 5,38,470 + Parts 5,38,470 + 4,326,60 + 4,00]; (c) the annual rent in 2018 is 1,864,342 [Article 20,921,20 + 165,513,00 won based on the basis of the second sentence + 165,500 won]; (d) the annual rent after November 24, 2018; and (e) the annual rent is ratified to be 1,364,200 won.
Therefore, the Defendants are therefore.