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(영문) 대전지방법원 2017.02.15 2016가단26621
토지인도
Text

1. The Plaintiff:

A. The Defendants are each indicated in the drawing No. 1, 2, 3, 4, 5, 6, and 1 of the Dong-gu Daejeon-gu Daejeon-gu B (attached Form 150 square meters).

Reasons

1. Factual basis

A. On January 20, 192, the Plaintiff purchased 150 square meters in Dong-gu, Daejeon, Dong-gu, Daejeon, 150 square meters in B, C 174 square meters in 174 square meters, and D 52 square meters in 192, and completed the registration of ownership transfer on January 30, 192.

B. Prior to July 4, 2005, the Dong-gu Daejeon Metropolitan City: (a) continuously connected each point of 1,2,3,4,5,6, and 1 in the Dong-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, with the indication of drawings (attached Form) No. 1, 2, 3, 4, 5, 6, and 1 in the same order, he packages cement concrete on the ground of “bbb” part; (b) C, 174 square meters, and D, 52 square meters (hereinafter referred to as “b” in the above inside ship; and (c) Defendant Daejeon-gu, Daejeon-gu, with the implementation of the urban bus completion management system from July 4, 2005, each of the instant land was occupied by F (former urban bus) and used it as a subdivision of the previous G bus.

C. The rent for each of the instant lands from September 1, 201 to August 31, 2016 is the sum of KRW 3,705,480, and the subsequent rent is the sum of KRW 159,60 per annum with respect to the above “bbbbb” portion in the ship, KRW 49,600 per annum with respect to the said land, KRW 495,900 per annum with respect to the said land, and KRW 148,200 per annum with respect to the said land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-3, Eul evidence Nos. 4, 5, 7, the result of entrustment of appraisal of rent, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of recognition under paragraph (1) of the duty to remove and deliver, the Defendants are obligated to deliver each of the instant land to the Plaintiff, the owner of each of the instant land, insofar as there is no legitimate source of right to possess the land. Defendant Daejeon Metropolitan City is obligated to remove cement concrete packaging installed on each of the instant land on each of the instant land.

The plaintiff is seeking the removal of cement concrete packaging against the defendant Daejeon Metropolitan City, but the above packaging is not established by the defendant Daejeon Metropolitan City, so it cannot be deemed that the above defendant owns or manages it. This part of the claim is not accepted.

B. Furthermore, the Defendants are obligated to return unjust enrichment, and the Defendants are obligated to possess and use each of the instant land.

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