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(영문) 창원지방법원 2015.08.28 2014가단81354
건물철거 및 토지인도 등
Text

1. The defendant shall be the plaintiff.

A. Of the 1,683 square meters of Busan Nam-gu C Forest land, each of the attached Form 3, 4, 5, 6, 7, 8, 9, 3.

Reasons

1. Facts of recognition;

A. The Plaintiff is an owner of land of 1,683 square meters in Nam-gu Busan Metropolitan City.

B. From around 2003, the Defendant occupies as D University sites the 202m2 and 56m2 (hereinafter “instant land”) of the 3,4,5,6,7, 11, 10, 9, and 3 of the attached drawings among the above land, which are successively connected with each point of the above land.

C. The Defendant, among the above land, installed a drainage channel and pentice 7m2 in the part on the ship that connects each point of 3, 4, 5, 6, 7, 8, 9, and 3 of the attached drawings in sequence, and installed 49m2 in the part on the ship that connects each point of 7, 8, 9, 10, 11, and 7 of the attached drawings in sequence. D. The Defendant installed 49m2 in the area on the ship, which connects each point of 7, 8, 9, 10, 11, and 7 of the attached drawings.

The sum of rent calculated from August 1, 2004 to July 31, 2015 after evaluating the instant land as a school site, which is the current land category, is KRW 6,288,240, and monthly rent in around July 31, 2015 is KRW 56,560.

On the other hand, the sum of rent calculated from August 1, 2004 to July 31, 2015 is KRW 2,429,280, and monthly rent around July 31, 2015 is KRW 22,470.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, result of the commission of measurement and appraisal to the Korea Intellectual Property Corporation by this court, the result of the commission of appraisal to E appraiser offices by this court, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the Defendant is obligated to remove the instant ground to the Plaintiff, deliver the instant land to the Plaintiff, and pay the amount equivalent to the rent from August 1, 2004 to the completion date of the delivery of the instant land, which the Plaintiff seeks due to unjust enrichment due to the possession and use of the instant land.

B. Furthermore, if the amount of unjust enrichment is different from the actual status of the land and the land category entered in the public record, an assessment based on the actual status is deemed to be able to accurately calculate the amount of profit arising from the occupation and use of the land, and thus, the land in this case.

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