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(영문) 대전지방법원 서산지원 2017.03.21 2016가단53000
토지인도등
Text

1. The Defendants jointly do so to the Plaintiff:

(a) deliver B forest land B/ 239 square meters in a Sin Jin-si;

(b) 4,803,550 Won and its corresponding;

Reasons

1. According to the following facts, Gap evidence Nos. 1 through 5 of the judgment as to the cause of the claim, and the appraisal entrusted to the appraiser C of this court with the appraiser C of this court, the defendants jointly transfer the land B forest land No. 239 square meters (hereinafter “instant land”) to the plaintiff, and the defendants jointly pay to the plaintiff the amount equivalent to the rent of the instant land from January 29, 2014 to October 6, 2016, and the amount equivalent to 4,803,50 won of unjust enrichment equivalent to the rent of the instant land from January 8, 2016, and the delivery date of the application for change of the claim and the cause of the claim, from November 11, 2016 to November 12, 2016; and the amount equivalent to 15% of the annual damages from November 16, 2016 to October 6, 2016 to June 16, 2016.

On January 29, 2014, the Plaintiff completed the registration of ownership transfer on the instant land.

On February 2, 2005, Defendant Minejin Chemical Co., Ltd. (hereinafter “Defendant Company”) completed the registration of ownership transfer as to D factory site D 2,440 square meters (hereinafter “instant adjacent land”).

B. The Defendant Company owned a factory on the ground adjacent to the instant land, and leased that factory to the Defendant A.

The Defendants used the instant land as an access road for the instant adjacent land.

C. The sum of the rent from January 29, 2014 to October 6, 2016 of the instant land is KRW 4,803,550, and the monthly rent from October 6, 2016 is KRW 160,926.

2. As to the assertion of the Defendant Company, the Defendant Company consented to use the instant land as the passage of the adjoining land by E, the former owner of the instant land, and the Defendant Company granted a comprehensive and free traffic right to the instant land when creating the Corporation in the vicinity of the instant land.

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