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(영문) 의정부지방법원 2016.06.17 2015가단104169
토지인도
Text

1. Defendant Southern-si shall be the Plaintiff:

(a) Description 1, 2, 3, 17, 16, 15, 13, 13, of the land listed in the separate sheet.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on October 28, 1995 with respect to the land listed in the separate sheet (hereinafter “instant land”).

B. Of the instant land, the part of the “B” as indicated in the Disposition 1.B (hereinafter the “instant part”) is used as the village development road. The Defendant Namyang-si built the asphalt Packaging on the road along the village development road including the instant part.

C. From March 13, 2010 to October 30, 2015, the sum of rents from March 13, 2010 to October 30, 2015 is KRW 762,130, and the rent as of October 30, 2015 is KRW 13,710, and the subsequent rent is also ratified as the same amount.

The housing of 1st floor 9.6 square meters and 2nd floor 9.6 square meters and 9.6 square meters (hereinafter “instant D”) are owned by Defendant B, and the wall and gate of the instant building are installed in part of the wall and gate of the instant land.

E. In the case of Namyang-si, E’s 2nd floor 1st floor, 9.6 square meters, 2nd floor 9.6 square meters, and 9.6 square meters (hereinafter “instant building”) are owned by Defendant C. A part of the wall and gate of the instant building is installed in the part of “self” as indicated in the purport of the claim among the instant land.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 through 4, Eul evidence 1-1, Eul evidence 1-1, Eul evidence 1-1, and the result of each appraisal by appraiser FG, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts as to the cause of the claim, barring any special circumstance, the Plaintiff, barring any special circumstance: (a) Defendant Namyang-si removed the asphalt package of the instant part of the instant land, and delivers the instant part of the road; and (b) calculated by unjust enrichment from October 31, 2015 to October 13, 2017 or from October 31, 2015 to the date the delivery of the instant part of the road is completed or the Plaintiff loses ownership.

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