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(영문) 대구지방법원경주지원 2015.01.20 2014가단3521
토지인도 등
Text

1. The defendant is against the plaintiff succeeding intervenor.

(a) pine trees planted on the ground of each land listed in the separate sheet;

Reasons

1. Indication of claim;

A. On October 26, 2009, the Plaintiff leased each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) to the Defendant as KRW 300,000 for the lease period from October 26, 2009 to April 26, 2010.

around the above time, the defendant transferred each of the lands of this case from the plaintiff, and planted 70 pine trees on each of the lands of this case.

However, the defendant occupies the land of this case without collecting pine trees even though the above lease term has expired until now.

As a result, the Plaintiff suffered losses from the failure to embarrasium in each of the instant land from 2010 to 2013.

Therefore, the Defendant is obligated to pay the Plaintiff damages of KRW 7,680,000 and damages for delay, which the Plaintiff incurred as a result of the Plaintiff’s failure to embalize rice farming in each of the instant land.

B. On August 19, 2014, the Plaintiff’s succeeding intervenor entered into a sales contract with the Plaintiff on each of the instant lands, and completed the registration of ownership transfer on the 21st of the same month, and the Defendant occupied each of the instant lands.

Therefore, the Defendant is obligated to collect 70 pine trees planted on each of the instant land from the Plaintiff’s succeeding intervenors, deliver each of the instant land, and pay unjust enrichment or damages calculated by the ratio of KRW 400,000 per month from August 21, 2014 to the completion date of delivery of each of the instant land.

2. Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act of the judgment deemed to be a confession.

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