beta
(영문) 춘천지방법원 강릉지원 2018.09.04 2017가단3389

토지인도 등

Text

1. The defendant shall be the plaintiff.

A. Of the 698 square meters prior to Gangnam-si, the attached drawing indication 1, 2, 6, 7, 8, 9, 17, 16, 15, 14, and 1.

Reasons

1. Facts of recognition;

A. Of the size of 698 square meters in the attached Form 1, 2, 6, 7, 8, 9, 17, 16, 15, 14, and 1, the part of “A” (hereinafter “A” among the land in this case) connected to the Plaintiff’s 69 square meters in order to each point is used as a parking lot by the Defendant. The part of “A” connected to each point of 5, 25, 12, 11, 10, 10, 9, 8, 7, 6, 2, 3, 4, 500 square meters in the attached Form 698 square meters in Gangseo-si, which is owned by the Plaintiff, is installed on the part of “A” owned by the Defendant (hereinafter “B” among the land in this case), and part of “A” in the attached Form 13, 24, 221, 201, 16, 17, 19, 17 and 1.

B. From June 1, 2015 to May 31, 2018, the amount equivalent to the rent for the portion of the instant land out of the instant land is KRW 409,00, the amount equivalent to the rent for the portion of the instant land, the amount equivalent to the rent for the portion of the cause of occurrence, the amount equivalent to KRW 1,341,00, and the amount equivalent to the daily rent for the portion of the instant land out of the land as of May 31, 2018, the amount equivalent to the rent for the portion of the instant land in question is KRW 400, the amount of KRW 290, and the amount equivalent to the daily rent for the portion of the instant land due to the occurrence thereof,

[Ground for Recognition: Each entry of Gap evidence 1 through 5 (Partial number omitted), each video of Gap evidence 6-1 through 9, the result of on-site verification by this court, appraiser D, E's result of each appraisal, the purport of the whole pleadings]

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff unjust enrichment and delay damages equivalent to the rent calculated from June 1, 2015, as requested by the Plaintiff, unless the Defendant did not assert the legitimate title of possession of the land in this case, which caused the instant land. < Amended by Act No. 13588, Jun. 1, 2015>

3. As to the defendant's defense, the defendant's land of this case.