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(영문) 대전지방법원 2016.01.06 2014가단218488

토지인도

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 4, 2008, the Plaintiff completed the registration of ownership transfer on the ground of voluntary auction sale with respect to the Seo-gu Daejeon-gu Daejeon District Court Decision 2,092 square meters (hereinafter “instant land”).

B. On each ground on which an appraisal map No. 1 is indicated among the instant land, each of the following unregistered unauthorized buildings is located:

"A" portion - 40, 12, 41, 42, 43, and 40 points in order to connect them - 44, 45, 46, 33, 47, and 44 parts of "bbb" - 4, 45, 46, 33, 47, and 44 above the ground surface of 143 square meters connected in order to - 51, 31, 53, 52, and 51; 52, 66, 46, 666, 56, 46, 56, 666, 57, 666, 57, 466, 57, 57, 57, 57, 57, 57, 48, and 48, 56, and 56,000 square meters in order to connect them.

2. The parties' assertion

A. The plaintiff is the former owner of the land in this case and the father of G, who is the owner of the land in Seo-gu, Seo-gu, Daejeon and F, which is the neighboring land, and the above land 1-B.

The land of this case is occupied without permission by constructing an unregistered building on each port.

Therefore, the defendant removed the above unregistered building to the plaintiff, delivered the land of this case to the plaintiff, and the plaintiff's land of this case with unjust enrichment equivalent to the rent.