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(영문) 대전지방법원서산지원 2019.11.06 2019가단52169
토지인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The fact-finding that the Plaintiff acquired 93 square meters in Seosan-si, Seosan-si through an auction on October 23, 2017; the Defendant owned the building on the land listed in the attached Table 2 (hereinafter “instant land”); and the outline of removal from the Plaintiff on October 23, 2017

On November 23, 2018, the fact that a building has been removed on November 23, 2018 has no dispute between the parties.

2. The Plaintiff’s assertion that the Defendant occupied the instant land among 93 square meters in Seosan-si, Seosan-si by leaving the building wastes alone, and thereby, 9,969,600 won in total, equivalent to the rent from November 15, 2017 to April 11, 2019 (i.e., 62,310,000 won x 1% x 16 months) and thereafter gains unjust enrichment at the rate of KRW 623,100 per month thereafter. As such, the Defendant is obligated to deliver the instant land to the Plaintiff and return unjust enrichment.

3. Since the judgment of the building cannot exist in general regardless of the site, it can be seen that the owner of the building occupies the land, which is the site of the building.

In this case, even if the owner of a building does not actually possess a building or site, he/she shall be deemed to possess the site for the ownership of the building, and the possession refers to the actual control of the object.

According to the above facts, the Defendant was deemed to have lost possession by removing a building owned by the Defendant on the ground of 93 square meters on November 23, 2018, Seosan-si, Seosan-si. The Defendant neglected the building wastes on the instant land only with the entries of evidence Nos. 2 and 4 and images alone.

It is not sufficient to recognize that the rent is 623,100 won per month or unjust enrichment equivalent to that of the rent, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is without merit.

4. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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