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(영문) 대구지방법원 김천지원 2018.11.27 2018가단547
토지인도 등
Text

1. The defendant is against the plaintiff (appointed party) and the appointed party:

A. From February 26, 2018 to February 26, 2018, the real estate listed in Attachment 1.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party; hereinafter referred to as the “Plaintiff”) and the designated parties purchase the building No. 2 from among three buildings located on the land and each of the above land, and completed the registration of ownership transfer on October 31, 2013, in the procedure of the auction of real estate rent C with the Daegu District Court of the Daegu District Court.

On April 12, 2017, each of the above lands was merged into the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”).

B. As to each real estate listed in the separate sheet Nos. 2 and 3 (hereinafter “each of the instant buildings”) using the instant land as the site, the procedure for the auction of real estate was commenced to K with the Sung-gu District Court’s Seongbuk branch branch. The Defendant, who became the highest bidder at the above auction procedure, paid the sale price on January 26, 2018, and acquired the ownership of each of the instant buildings.

C. The rent following the possession of each of the instant buildings in possession of the instant land is KRW 1,951,800 per month as of January 26, 2018 to August 8, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, result of a request for appraisal of fees for expert L by this court, purport of the whole pleadings

2. In light of social norms, the building site of each of the buildings of this case cannot exist, and thus, it shall be deemed that the owner of the building is in possession of the building site. Thus, barring any special circumstance, the Defendant, the owner of each of the buildings of this case, is obligated to remove each of the buildings of this case to the Plaintiff and the Selection, who is the owner of each of the buildings of this case, and deliver 4,957 square meters of the building site of this case (the Defendant did not dispute the area of each of the building site of this case)

In addition, since the defendant owned each of the buildings of this case and occupied the land of this case without any legal cause, it is obligated to return unjust enrichment equivalent to the rent accrued therefrom to the plaintiff and the selected party.

The amount of unjust enrichment.

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