logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원마산지원 2016.01.14 2015가단101859
건물등철거
Text

1. The Defendants jointly do so to the Plaintiff:

(a) KRW 473,00 and its interest shall be annually from November 5, 2015 to January 14, 2016.

Reasons

1. Facts of recognition;

A. On August 5, 2014, the Plaintiff completed the registration of ownership transfer on the ground of sale on June 28, 2014 with respect to the E-gun, Haan-gun (hereinafter “Plaintiff’s land”).

B. Defendant B used the part (b) 51 square meters in the ship connecting each point of the land indicated in the attached Form No. 4, 5, 12, 7, 8, 9, 10, 11, and 4 among the land indicated in the said paragraph before the Plaintiff completed the registration of ownership transfer as to the land indicated in the said paragraph, Defendant C is the owner of G-owned G-owned G-owned G-owned land adjacent to the Plaintiff’s land, and Defendant D is the owner of H-owned land. The land indicated in the said paragraph was used as a road.

[Reasons for Recognition] With respect to Defendant B and D: The absence of dispute, each entry of Gap 1 through 4 (including additional numbers), the result of the on-site verification by this court, the result of the appraiser I’s survey and appraisal by the appraiser I, as to the purport of the whole pleadings: Confession

2. Determination

A. According to the facts acknowledged prior to the determination as to the cause of the claim, the Defendants used the instant land owned by the Plaintiff as a road without the source of possessory right. Therefore, barring any special circumstance, they shall jointly return reasonable unjust enrichment to the Plaintiff as to the rent of the instant land.

Furthermore, I examine the amount.

According to the appraiser J's appraisal of rent, it is recognized that the rent for the instant land from August 5, 2014 to November 4, 2015, the Plaintiff acquired the ownership of the instant land, was 473,000 won, and the monthly rent as of November 4, 2015, was 33,000 won, and thereafter, it is ratified as the same.

Therefore, the Defendants jointly share the Plaintiff at the rate of 473,00 won, equivalent to the rent from August 5, 2014 to November 4, 2015, calculated by 15% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from November 5, 2015 to the date of full payment, and the Defendants’ occupation completion date of the instant land from November 4, 2015 to the date of full payment.

arrow