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(영문) 인천지방법원 2018.06.21 2017가단229313
토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the area of 575 square meters in Incheon Strengthening-gun, each of the marks indicated in the attached Form 10, 11, 18, and 10 shall be indicated.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner who completed the registration of ownership transfer on the same day as the sale due to voluntary auction on December 17, 2015 with respect to the land of 575 square meters in Incheon Strengthening-gun (hereinafter “instant land”).

B. From 191, the Defendant owns a brick slves roof house of 82.4m2 and a 82.4m2m2 in the underground room (hereinafter “Defendant’s house”) on the ground of the Incheon Strengthening-gun D, which is adjacent to the instant land.

C. Part of the Defendant’s housing is constructed on the ground of 2m2,00 square meters in order to connect each point of the attached Form 10, 11, 18, and 10 among the instant land, and the Defendant occupies 36m2 in the ship which connects each point of the attached Form 11, 12, 13, 14, 15, 16, 17, 18, and 11 among the instant land, and uses it as a marina and garden.

(2) The portion of the instant land is combined with 2m2 and 36m2.

The amount equivalent to the rent for the instant portion of land from December 17, 2015 to April 11, 2018 shall be KRW 533,800 in total, and the amount equivalent to the monthly rent as of April 11, 2018 shall be KRW 21,500 in total, and the amount equivalent to the subsequent rent shall be confirmed as the same amount.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, the result of the commission of surveying and appraisal to the director of the strengthening branch of the Korea Land Information Corporation in this court, the result of appraiser E's tea appraisal, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant: (a) removed a building on the ground of 2m2,00 square meters connected in order to each point of indication 10, 11, 18, and 10 of the attached drawings among the instant land; (b) delivers the portion of the instant land; and (c) distributes the portion of the instant land; and (d) as regards the unjust enrichment of 533,800 won, which is equivalent to the rent from December 17, 2015 to April 11, 2018, the following day following the delivery of the application for alteration of the purport of the instant claim and the cause of the claim, to the day of complete payment.

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