(영문) 서울남부지방법원 2017.06.13 2016가단241946

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(영문) 서울남부지방법원 2017.06.13 2016가단241946

토지인도

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1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Plaintiffs asserted that the Plaintiff A is the owner of 790 square meters (hereinafter “instant one”) prior to the Gangseo-gun D, Gangwon-do, and the Plaintiff B is the owner of 304 square meters prior to the Gangseo-gun E (hereinafter “instant two land”).

However, the defendant constructed a penture building on the land of this case owned by the plaintiff A without permission, and runs a penture business at all times.

Accordingly, the Defendant is naturally using the remaining land, excluding the part used as the site of the building, among the land of this case, as the gate, and is also using the land of this case owned by the Plaintiff B as the hond, the customer parking lot, and the access road of the gate.

As above, the defendant uses the land of this case 1 and 2 without any title. The plaintiff A is obligated to remove the building on the land of this case and deliver the above land to the plaintiff, and the plaintiff B is obligated to take the hond facilities and implements on the land of this case and deliver the above land.

In addition, the defendant's unauthorized occupation of the land of this case Nos. 182,320 won, which is the monthly rent from September 20, 2015 to the completion date of delivery of the land of this case, while the defendant gains unjust profit from the use and profit-making of the land of this case No. 1,20, and thus, the defendant must return to the plaintiffs the amount equivalent to the rent of the land of this case No. 1,20,350 won for the previous five years as of August 20, 2015, and the amount equivalent to the rent of the land of this case No. 182,320 won, which is the monthly rent from September 20, 2015 to August 20, 2015, and the amount equivalent to the rent of the land of this case No. 1,786,900 won for the previous five years as of August 20, 2015 to September 36, 2015.

2. First of all, whether the Defendant occupies the instant 1 and 2 land and uses and benefits therefrom.

유사 판례

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-서울북부지방법원 2015.05.13 2014가단49989

-대법원 2002. 6. 14. 선고 2000다37517 판결