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(영문) 의정부지방법원 2016.01.29 2015나52917
토지인도
Text

1. Paragraph 1, 2, and 3 of the judgment of the first instance, including the plaintiffs' claims expanded in the trial, are as follows.

Reasons

1. Basic facts

A. As to the portion of 7,693/13,833 square meters of land B 13,833 square meters of land in Gyeyang-gu, Gyeyang-gu (hereinafter “the instant forest”), the Plaintiff Company acquired ownership by public sale on July 23, 2012 with respect to the portion of 3,297/13,83 of the instant forest.

B. The Defendant, among the forest land of this case, occupied and used the part of the instant military installation (hereinafter “military installation object”) by installing military installation objects, such as air protection, fire protection, personal protection, traffic protection, sand junk, stairs, etc. on the ground of 731 square meters (hereinafter “the part”) connected to each point of the items indicated in the separate sheet Nos. 44 through 216, and 44.

C. Meanwhile, on July 17, 2015, the Plaintiff Company acquired 2,843/13,843 shares, which are the remainder of the forest land in this case, and thereby, owned shares of the Plaintiff Company became 10,536/13,83 shares.

[Ground of recognition] Unsatisfy, Gap evidence 2, 6, 8, Eul evidence 1, Eul evidence 1, the result of the survey and appraisal conducted by the appraiser C of the first instance trial, the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the facts of recognition of the defendant's removal, removal, delivery, and obligation to return unjust enrichment, the defendant is obligated to remove or remove the military installations of this case, which are installed on the ground above the part of item (a) as an act of preserving jointly owned property, and deliver the part of item (a) to the plaintiffs who seek removal, removal, and delivery. Furthermore, it is judged that the defendant obtained a benefit equivalent to the rent by occupying and using the part of item (a) and thereby causes damages equivalent to the same amount to the plaintiffs who are the owner. Thus, barring special circumstances, the defendant is obligated to pay to

Meanwhile, the Plaintiffs, among the forest land of this case, have become unable to use under their original purposes due to the existence of the instant military installation, as well as the area of 594m2 (b), (c), part 275m2, (d), part 107m2, and (e) part 6m2.

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