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(영문) 춘천지방법원강릉지원 2016.11.23 2016가단2648
건물철거 및 토지사용료 등
Text

1. The defendant is not less than 9,343 square meters among the forest land in Gangseo-si, Gangseo-si.

(a) the line 5, 6, 7, 8, and 5, in sequence, annexed drawings;

Reasons

1. The Plaintiff’s assertion on May 1, 1998 acquired ownership of 9,343 square meters of land in Gangseo-si, Gangnam-si, and the Defendant owned a building (hereinafter “instant building”) on the part as indicated in subparagraph 1 (a) (a) and (c) of the Disposition No. 1 of the Forestry Act (hereinafter “instant forest”) prior to the date of acquisition of the Plaintiff’s ownership. The fact that the monthly rent of the instant forest is 10,000 square meters does not conflict between the parties.

In full view of the above facts, the defendant is obligated to remove the building of this case to the plaintiff and deliver the forest of this case to the plaintiff and pay unjust enrichment equivalent to the rent.

2. The defendant's argument regarding the defendant's assertion has concluded a land lease agreement on the forest land of this case before the plaintiff acquired ownership and paid the difference. However, the defendant's argument that the plaintiff refused to receive the difference after the plaintiff acquired ownership. However, even if the defendant's argument is true, the defendant cannot assert the validity of the lease agreement with the previous owner, which is the specific successor, unless the defendant did lease the land or register the building of this case (see Articles 621 and 622 of the Civil Act), and the defendant's argument is rejected.

3. Conclusion, the Defendant is obligated to remove the instant building to the Plaintiff and deliver the instant forest to the Plaintiff, and pay the Plaintiff money in the rate of KRW 100,000 per month from May 1, 1998 to the delivery date of the instant forest land, the ownership of which was acquired by the Plaintiff due to unjust enrichment equivalent to the rent.

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