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(영문) 서울서부지방법원 2020.01.15 2019가단3410
토지인도
Text

1. The defendant shall be the plaintiff.

(a) the answer to the ship that connects each point in sequence of No. 1, 2, 3, 4, 5, 9, 10, and 1 of the Appendix No. 1,2, 3, 4, 5, 9

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of each land listed in the attached list (the land listed in the attached list 1 falls under 13 square meters prior to the ship connected with each point of the attached list 6, 7, 8, and 6, and the land listed in the attached list 2, 3 shall fall under the same list 1, 2, 3, 4, 5, 9, 10, and 214 square meters in sequence, connected each point of the same list 1, 2, 3, 4, 5, 9, 10, and 100 square meters in sequence; hereinafter referred to as “each land of this case”).

B. The Defendant is the land in the case where the “140 square meters or less” located below the land indicated in the attached list 1, located below the lower part of the land indicated in the attached list.

D, located on the upper part of the land indicated in the attached list 2 and 3, is not more than 690m2,00 square meters of the land in this case.

(C) The rent from January 1, 2016 through June 30, 2019 to June 30, 2019 is KRW 52,461,041 in total, and the rent from January 1, 2019 to June 2019 is KRW 1,45,991 (less than KRW 1,45, less than KRW 1,455,991) in the trade name of the instant land. [In the absence of any grounds for recognition, evidence No. 1-2, evidence No. 1 through 3, evidence No. 2-1 through No. 3, evidence No. 3, evidence No. 5, evidence No. 6, evidence No. 1 through 3, each of the items of evidence No. 1 through No. 3, evidence No. 1, and each of the items of evidence No. 1 through No. 3, the result of the appraisal of the Korea Land Survey Information Corporation, the purport of the overall appraisal of this case.

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver each of the lands of this case to the plaintiff seeking the exclusion of disturbance based on the ownership of each of the lands of this case.

In addition, the Defendant paid to the Plaintiff a total of KRW 52,461,041 equivalent to the rent from January 1, 2016 to June 30, 2019, as sought by the Plaintiff, as the Plaintiff acquired the ownership of each of the instant lands, and delivered each of the instant lands from July 1, 2019.

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