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(영문) 의정부지방법원 2015.08.26 2014가단18650
토지인도 등
Text

1. The defendant shall be the plaintiff.

A. The Plaintiff indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, among the land size of 9 square meters in Gyeonggi-gun C, Gyeonggi-do.

Reasons

1. Facts of recognition;

A. On November 8, 1986, the Plaintiff completed the registration of ownership transfer with respect to the Gyeonggi-gu Gambro 99 square meters (hereinafter “instant land”).

B. On November 1, 1992, the Defendant completed the registration of transfer of ownership with respect to Daehan 134 square meters in Gyeonggi-do on the grounds of sale.

C. On December 27, 1994, E completed the registration of initial ownership relating to the building listed in the separate sheet (hereinafter “instant building”), and the Defendant completed the registration of initial ownership relating to the instant building on the grounds of sale and purchase on March 20, 2013.

At present, the building of this case, among the land in this case, 9 square meters in which the attached drawings are attached in sequence 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1 (hereinafter “the part on the ship of this case”) among the land in this case, is loaded with concrete on that part, and 3 square meters in the ship connected in sequence 7, 8, 10, 11, and 7 of the same drawings (hereinafter “the part on the ship of this case”) are installed on that part.

E. The sum of the rent from March 21, 2013 to April 7, 2015 for the instant portion A and B is KRW 622,720.

[Ground of recognition] Uncontentious facts, Gap's statements in Gap's evidence 1 to 5, the result of the appraiser F's measurement and appraisal, the result of appraiser G's appraisal of rent, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, inasmuch as the Defendant did not assert and prove a legitimate title to possess the land of this case, barring special circumstances, the Defendant is obligated to remove the building of this case and concrete areas installed in the part A and the part B of this case among the land of this case, and deliver the land to the Plaintiff, who is the owner of the land of this case, and pay for unjust enrichment equivalent to the rent for the building of this case and the part B.

With respect to the amount of unjust enrichment.

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