logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.09.08 2015가단226574
토지인도
Text

1. The Plaintiff, Defendant D, E, F, G, H, and I are buildings listed in the annexed Table 1. A list on the ground of 120,525 square meters in the annexed Table 4.

Reasons

1. Facts of recognition;

A. The forest land listed in the annexed Table 4. The Plaintiff owned the forest land listed in the annexed Table 4. (hereinafter “the forest of this case”). The Network J occupied and used 69.4 square meters of the forest of this case as it owned a building listed in the annexed Table 1 on that ground. Defendant D, E, F, G, H, and I inherited the Deceased on January 8, 2010.

B. Defendant B owned and used 82.06 square meters out of the instant forest land while owning a building indicated on the same list 2. on the land of the instant forest land.

C. Defendant C is occupying and using 74 square meters of the instant forest land in possession of a building indicated on the same list 3. On the ground of the instant forest land.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to remove each building owned by them to the Plaintiff, the owner of the instant forest, and deliver each part of the site occupied and used, and return unjust enrichment obtained by occupying and using part of the instant forest, barring special circumstances.

Furthermore, the amount of unjust enrichment to be returned by the Defendants shall be equivalent to the rent for the instant forest. According to the appraisal result with respect to K, if there is no deposit for lease for the instant forest land, the rent shall be KRW 784,220 from July 10, 2005 to July 9, 2014; and KRW 133,248 per annum from the following day to July 9, 2015; KRW 82.06 square meters of the building site as stated in the list 2.10 to July 9, 2014; KRW 766,851 from the following day to July 9, 2014; KRW 130,475 from the next day to July 9, 2015 to KRW 130,475 from the date to July 9, 2015; and KRW 82.06,7536,794,757,714,7015.

Therefore, Defendant D, E, F, G, H, and I are above the instant forest land.

arrow