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(영문) 대전지방법원 2019.03.14 2017가단23551
부당이득금반환 등
Text

1. The defendant shall be the plaintiff.

A. The attached appraisal No. 15, 10, 11, 12, 16, and 15 are the same as the attached appraisal No. 15, 10, 11, 12, 16, and 15, among the area of 2

Reasons

1. Basic facts

A. The Plaintiff is the owner of 2634 square meters (hereinafter “instant land”) before Seosan-si.

B. The Defendant, as the owner of land E adjacent to the instant land, constructed a detached house on the ground, and part of the housing unit No. 1 of the order No. 1 of this case occupied the instant land.

(c) As of July 3, 2017, the amount equivalent to the rent for the part above (b) on the ship as of July 3, 2017 shall be assessed as KRW 4,980 per month.

[Ground of recognition] The absence of dispute, Gap's evidence Nos. 1 through 5, 7, 9, Eul's evidence No. 3 and images, the court's request for surveying and appraisal to the President of the Korean Land and Land Information Corporation and the F Appraisal Office and the purport of the entire pleadings, as a result of entrustment of surveying and appraisal to the F Appraisal Office.

2. We examine the judgment on the cause of the claim, and according to the above facts, since part of the land in this case, which is part of the building owned by the Defendant, occupies part of the land in this case, the Defendant is obligated to remove the building located in (b) part of the instant land, and deliver the said land to the Plaintiff. Since the Defendant takes unjust enrichment of the amount equivalent to the rent by occupying part of the instant land in (b) inside the ship, the Defendant is obligated to pay to the Plaintiff unjust enrichment equivalent to the rent in proportion to the amount of rent from July 3, 2017 to the delivery date of the said land, as sought by the Plaintiff.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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