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(영문) 인천지방법원 2020.11.26 2019가단268992
토지인도
Text

The Defendants are the Plaintiff

A. Of the 3,134 square meters of forest E in Jung-gu in Incheon Jung-gu, Incheon, the indication of drawings in the attached Form 16, 17, 18, 19, 20, 21, and 16 shall apply.

Reasons

1. Basic facts

A. The registration of ownership transfer has been completed in the name of the Plaintiff with respect to the land of 3,134 square meters of forest E, Jung-gu, Incheon, Jung-gu (hereinafter “instant land”).

B. The Defendants, among the instant land, install an assembly-type panel building on the ground of 38 square meters and possess the said part of the land, which connects each point of 16, 17, 18, 19, 20, 20, 21, and 16 in sequence among the instant land, by installing a prefabricated-type panel building on the ground of 38 square meters in the same section. The Defendants, in sequence, connect each point of 20, 22, 23, 21, and 20 square meters in the same drawing indication, install a tent-type restaurant on the part of 70 square meters

(hereinafter referred to as “instant building”) C.

The sum of the rent from November 26, 2009 to July 25, 2020 among the instant land possessed by the Defendants is KRW 13,883,400, and the monthly rent after July 25, 2020 is KRW 135,00.

[Ground of recognition] Defendant D: The entries and images of evidence Nos. 1 and 2, and the result of the commission of appraisal to appraiser F by service by public notice, the purport of the whole pleadings

2. According to the above facts of recognition, the defendants are obligated to remove the building of this case among the land of this case, deliver the part possessed by the defendants, jointly pay the amount of 13,883,400 won which is due and unpaid, and the plaintiff's claim of this case and the amount of delay damages calculated at the rate of 12% per annum from August 20, 2020 to the day of complete payment, which is the day following the day of delivery of a copy of the application for modification of the cause of claim of this case, and the amount of unjust enrichment per annum calculated at the rate of 135,000 won per month from July 26, 2020 to the day of complete delivery of each of the above lands.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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