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(영문) 의정부지방법원고양지원 2015.06.18 2013가단36722
토지인도 및 부당이득금
Text

1. The defendant shall remove each ground facility listed in the attached list to the plaintiff and deliver each of the above land.

Reasons

Facts of recognition

The Plaintiff completed the registration of ownership transfer on October 23, 1970 with respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant land”) and the real estate listed in the separate sheet No. 2 (hereinafter “instant land”) and the real estate listed in the separate sheet No. 3 (hereinafter “instant No. 3”) as to the real estate listed in the separate sheet No. 1 (hereinafter “instant land”).

Since the land No. 1 was incorporated into the "Road Construction Works" section in Seoul-Seosan around 1972, the defendant has used and managed the land as a road until now. Since the land category was changed to the "road" as a part of the village structure improvement project related to the Saemaeul Movement around May 27, 1981, the land category of the case No. 3 was changed to the "road" as part of the village structure improvement project related to the Saemaeul Movement around May 27, 1981, the land category of the case No. 3 was changed to each "road" around April 22, 198, and each defendant has occupied and used the land

【Unless there is any special circumstance, the Defendant is obligated to remove each of the lands of this case and deliver each of the lands of this case to the Plaintiff, the owner of each of the lands of this case, and to return unjust enrichment equivalent to the rent for the possession of each of the lands of this case. The Plaintiff is obligated to return unjust enrichment equivalent to the rent for each of the lands of this case.

Comprehensively taking account of the overall purport of the pleadings as a result of the commission of appraisal of rent against appraiser B within the scope of the obligation to return unjust enrichment, the amount equivalent to the rent assessed as the official map from October 22, 2008 to November 21, 2014 was the aggregate of 27,339,770 grounds. The monthly rent for the land of this case No. 1 around November 21, 2014 near the closing date of the pleadings of this case, and the monthly rent for the land of this case No. 294,270 won, and the monthly rent for the land of this case No. 294,270 won, and the monthly rent for the land of this case No. 310, Mar. 2, 2014.

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