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(영문) 대전지방법원 2017.11.22 2016가합103631
토지인도
Text

1. The Plaintiff:

A. Defendant B, in sequence, connects each point of 35, 36, 37, 38, and 35 of the attached sheet No. 1 to the ship.

Reasons

1. Determination as to the cause of claim

A. 1) In the auction procedure, the Plaintiff is a land of 3300.1m2, Daejeon Jung-gu, Daejeon (hereinafter “instant land”).

(2) Of the instant land, there is a container installed by Defendant B around October 2003, in the attached Form 3 (hereinafter referred to as “attached Form 3”) among the instant land, and completed the registration of ownership transfer in the Plaintiff’s future.

3) Of the instant land, there are construction materials loaded by Defendant C, containers installed by Defendant C with (iv) through (vi) part, and fences installed by Defendant C with respect to (vii) part. The above above ground objects are owned by the above Defendant C, which were installed around July 2007 by Defendant C. From September 1, 2007 to August 31, 2017: (i) the total rent from September 1, 2017 to August 31, 2017; and (ii) the total rent from September 1, 2017 to August 31, 2018 (b) the total rent from September 230, 528,076 won 25,801,068 won (2,150,089 won), 4,53,706 won, 506 won, 509, 508 won, 2408 won, 201, 3) and (3) of this case as follows.

[Ground of recognition] Unsatisfy, Gap's statements and images (including paper numbers; hereinafter the same shall apply), appraiser E and F's appraisal results, the purport of the whole pleadings

B. Determination 1) According to the above facts, among the instant land owned by the Plaintiff, Defendant B (c) portion, Defendant C’s (b) or (d) through (vii) owned each of the above parts on the site by owning containers or other things on the ground as above. 2) Therefore, barring any special circumstance, Defendant B removed containers installed on the part (c) (c) of the instant land owned by the Plaintiff, and delivered that part of the instant land, and delivered that part of the land to the Plaintiff, from September 1, 2007 to August 31, 2017, which is equivalent to rent 4,553,706 won, from September 1, 2017 to September 31, 2017, and from September 1, 2017 to September 5, 2017 (annual rent from September 1, 2017 to September 1, 2017).

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