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(영문) 수원지방법원 2017.05.10 2016가단800743
건물등철거
Text

1. The Defendant shall either deliver to the Plaintiff the land indicated in the attached Table 1 from March 11, 2017 and from March 11, 2017.

Reasons

1. Evidence Nos. 1 through 4, the result of an appraiser C’s clinical appraisal, and the purport of the whole pleadings;

A. D completed the registration of ownership transfer in its name on July 1, 1972 with respect to the land listed in the separate sheet No. 1 (hereinafter “instant land”), and completed the registration of ownership transfer in its name on the ground of sale and purchase on July 1, 1972. On April 14, 2001, with respect to the buildings listed in the separate sheet No. 2, which were newly constructed on the instant land (hereinafter “instant building”).

B. On February 29, 2012, the Plaintiff completed the registration of ownership transfer on March 13, 2012 due to the sale by voluntary auction on the instant land.

C. On March 11, 2016, the Defendant completed the registration of ownership transfer on March 28, 2016 for the instant building due to the sale by compulsory auction.

The rent from March 12, 2016 to March 10, 2017 for the instant land is KRW 1,767,00, and the annual rent thereafter is KRW 1,760,000.

2. A party’s assertion and the legal superficies of this Court, even if they are the legal superficies of this Court, is obligated to pay rent to the site owner. A transferee of a building with legal superficies may refuse to remove the building from the site owner or to request the delivery of the site in the position to acquire the legal superficies in

Even if the gain accrued from occupying or using the site, the owner of the site is obliged to return the gain as unjust gains.

(see, e.g., Supreme Court Decisions 94Da61144, Sept. 15, 1995; 96Da34665, Dec. 26, 1997). Moreover, the amount of profit from the possession and use of ordinary real estate is the amount equivalent to the rent of such real estate.

Therefore, the Defendant is obligated to pay unjust enrichment according to the ratio of KRW 1,760,00 per annum from March 11, 2017 to the time when the instant land is transferred or the Plaintiff loses its ownership, which is the day following the date of confirmation and the date of confirmation, confirmed as requested by the Plaintiff, to KRW 1,760,000.

3. If so, the plaintiff's claim is reasonable.

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