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(영문) 서울서부지방법원 2018.05.02 2017가단15280
토지인도
Text

1. The Defendants are to the Plaintiff:

(a) each construction set out in the separate sheet 2, 3 of the annexed sheet 1 on each ground.

Reasons

1. Basic facts

A. On September 12, 2012, the Plaintiff: (a) at the time of the registration fee for the transfer of ownership on each parcel of land as indicated in the attached Table 1 attached hereto; (b) thereafter, at the time of the registration fee for the transfer of ownership on each parcel of land as indicated in the attached Table 1, each parcel of land listed in the attached Table 1 as of the date of closing argument in the instant case following division and change of land category.

(hereinafter “each of the instant lands”) received the registration of ownership transfer for the reason of sale by voluntary auction.

B. From November 2015, the Defendants kept the temporary materials indicated in the attached Tables 2 and 3 on each of the instant land (hereinafter “the temporary materials of this case”).

C. The sum of the rent for each of the instant land from February 1, 2016 to November 25, 2017 is KRW 8,534,910, and the sum of the rent for each of the instant land as of November 25, 2017 is KRW 39,646.

[Grounds for Recognition] Unsatisfy Facts, Gap evidence 1 and 2 (including each number), witness B's testimony, appraiser C's appraisal result, the purport of the whole pleadings

2. The assertion and judgment

A. Comprehensively taking account of the facts of Paragraph 1’s determination as to the cause of the claim, the Defendants entered the temporary materials of this case on each of the instant land owned by the Plaintiff, and thereby gaining unjust enrichment equivalent to the rent by occupying each of the instant land in such a manner.

Therefore, barring any special circumstance, the Plaintiff, at the request of the Plaintiff, who is the owner of each of the instant lands, is obligated to collect the temporary materials of this case on each of the instant lands, deliver each of the instant lands, and pay unjust enrichment calculated by the ratio of the sum of the rent for each of the instant lands from February 1, 2016 to November 25, 2017, and the sum of rent for each of the instant lands from November 26, 2017 to November 26, 2017 (i.e., the sum of rent for each of the instant lands from November 26, 2017 to the completion date of delivery of each of the instant lands (i.e., the sum of rent for each of the instant lands as of November 25, 2017).

B. As to the assertion of Defendant Cylil Construction Co., Ltd, Defendant Cylil Construction Co.

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