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(영문) 수원지방법원 평택지원 2018.10.17 2016가단49615
토지인도
Text

1. The part concerning claim for the payment of future unjust enrichment equivalent to the rent shall be dismissed.

Reasons

1. Basic facts

A. The plaintiffs A, B, F, and the defendant with respect to the ownership of each of the lands of this case are siblingss, and the plaintiff C and the defendant are those with three degrees of relationship. The plaintiffs and the defendant share one fifth shares of each of the plaintiffs after having completed the registration of ownership transfer from the defendant on the ground of transfer on July 21, 2001, as to the land of this case with respect to the Gyeonggi-gun G G 618 square meters (hereinafter "the land of this case") and H Jeon 1208 square meters (hereinafter "the land of this case" of this case, including all the above 1 and 2 land. The plaintiffs share one fifth shares of each of the above land of this case.

B. The Defendant’s possession and use of each of the instant land is a person engaged in agriculture, and is transferred part of the instant land to 82.7 square meters (hereinafter “instant housing”) of a wooden string ground, string ground, roof, multi-story housing, and extended and reconstructed the instant building to the present day, and is residing in the said housing, and is ordered to do so under Article 2-2 of the Disposition.

The part of the land indicated in the port occupies as the site, such as a marina, toilet, and access road, and the part of the instant land owned the said stable by constructing a steel pipe of 194.4 square meters (hereinafter “instant stable”) (the Defendant removed the said stable on March 15, 2018, and accordingly, the Plaintiffs withdrawn the claim for removal of the instant stable). Of each of the instant land, the instant housing and the instant land were owned by the head of the order 2-2 of the said building.

Until December 22, 2016, in the case of the remaining land except the land indicated in the port, the land was occupied and used by using it as the arable land.

(F) On or after the day, the defendant's possession of the whole land, such as the above garden, shall be determined after the day. [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence 1 through 7, the purport of the whole pleadings

2. The part of the claim for damages for delay with respect to future unjust enrichment is ex officio, and the part of the claim for damages for delay with respect to future unjust enrichment equivalent to the rent of this case.

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