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(영문) 수원지방법원 2015.01.23 2014가단49070
지료청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On October 28, 2013, the Plaintiff acquired the instant land at the auction procedure. The Defendant, without any title, has installed a container gambling room on the instant land and a vinyl house for agriculture, and occupied and used the instant land by planting approximately KRW 100gs of pine tree seedlings.

B. Therefore, the Defendant is obligated to pay to the Plaintiff the land rent or unjust enrichment at the rate of KRW 5,38,020 per month from August 29, 2013 to August 28, 2014, which is the following day after the Plaintiff acquired the ownership of the instant land, and KRW 5,380,200, and ② from August 29, 2014 to August 29, 2014.

2. Determination

A. According to the evidence Nos. 2, 3, and 5, the Plaintiff purchased the instant land on October 28, 2013 in the Suwon District Court D Real Estate Voluntary Auction Case regarding the instant land, and the existence of container boxes, plastic greenhouses, tree seedlings, etc. on the instant land is recognized on the ground.

B. However, the above facts and the remainder of the evidence presented by the Plaintiff alone are insufficient to recognize that the Defendant is the owner of the above container stuff, vinyl houses, tree seedlings, etc. located on the ground of the instant land, or other land in this case is occupied and used, and there is no other evidence to acknowledge this otherwise.

3. In conclusion, the plaintiff's claim of this case based on the premise that the defendant occupied and used the land of this case is without merit and it is dismissed. It is so decided as per Disposition.

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