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1. The Defendant indicated in the attached Form No. 1, 2, 3, 4, 5, 19, 20, 21, 22, 23, 24, 25, 25, among the land size of F 1,856 square meters in Siljin-si.
Reasons
1. Facts under recognition may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1 and 4 to 7 (including branch numbers; hereinafter the same shall apply) with a comprehensive view to the whole purport of the pleadings. (a)
The plaintiffs are successors of G, who died on November 30, 2010, and the defendant and G are children between H and I.
B. On October 6, 1993, the ownership transfer registration was completed in the G. G. After G death, the conciliation was concluded on September 11, 2017 (hereinafter “instant conciliation”) with the purport that the Plaintiffs shall implement the procedure for ownership transfer registration on the land of 928 square meters in the order of priority among the above land in the case of claiming a return of legal reserve (this court 2016Gahap51025) filed by the Defendant against the Plaintiff A and the Plaintiff B, and that the Defendant shall implement the procedure for ownership transfer registration on the land of 5, 6, 7 through 18, 19, and 5 square meters in the attached form among the above land.
C. From among the lands listed in paragraph (a) of the attached Form 1, the Defendant planting trees on the ground of the annexed Form 1, 2, 3, 4, 5, 19, 20, 21, 22, 22, 23, 24, 25, and 1, the part owned by the Defendant is deemed to have no dispute between the parties concerned, in turn, on the connected part 1 of the attached Form 1 (hereinafter “the part of the instant land”).
For 235 days from October 1, 2017 to May 23, 2018, the amount equivalent to the rent with no security deposit for the instant portion of land is KRW 955,900.
2. Determination as to the cause of action
A. According to the fact of the collection of trees and the recognition of the transfer of land, the defendant occupied the above part of the land of this case owned by the plaintiffs by planting trees from G and owning them without permission, thereby hindering the exercise of the plaintiffs' ownership. Thus, the defendant is obligated to collect trees planted in the part of the land of this case and deliver the above part of land to the plaintiffs.
B. The unjust enrichment equivalent to the rent.