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(영문) 서울중앙지방법원 2019.01.24 2018가단5097548
토지인도
Text

1. The Plaintiff:

A. The Defendants deliver each land listed in the separate sheet;

B. The Defendants jointly do so 9,646.

Reasons

1. Basic facts

A. The Plaintiff is the owner who completed the registration of ownership transfer on March 5, 2018 with respect to each land listed in the separate sheet (hereinafter “each land of this case”).

B. The Defendants, as co-owners of each of the instant lands located near each of the instant lands, occupied each of the instant lands, and run a fee parking lot business on the ground.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, the result of the request for appraisal of fees for expert witnesses D by this court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, barring any special circumstance, such as the Defendants’ duty of delivery, the Defendants are obligated to deliver each of the instant land to the Plaintiff and return profits accrued from the possession and use of each of the instant land without a justifiable title. Moreover, as long as the Defendants asserted the duty of return of unjust enrichment while using and earning each of the instant land by the closing date of pleadings, it is necessary for the Plaintiff to file a prior claim for unjust enrichment for which the due date is not yet due until the completion date of delivery of each

B. The Defendants asserted that they promised to use each land of this case with the former owner of each land of this case for the purpose of reflection, but there is no evidence to acknowledge this. Thus, the above assertion is without merit.

C. The scope of return of unjust enrichment is the amount equivalent to the amount of profit arising from the possession and use of each land of this case, and according to the result of the entrustment of appraisal of the above rent, the amount of rent for one year from March 5, 2018 on each land of this case can be recognized as constituting 19,292,80 won, and monthly rent for the period of September 17, 2018 near the date of the closing of argument of this case and 1,607,733. As such, the Defendants jointly as joint occupants and jointly seek by the Plaintiff the amount equivalent to the annual rent for six months from March 5, 2018 to September 4, 2018 (i.e., annual rent for 19,292,800 won).

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