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(영문) 창원지방법원밀양지원 2016.04.05 2015가단10549
부동산인도
Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

(b) 7,273,000 won and as regards this;

Reasons

In fact, the Plaintiff owned each real estate listed in the separate sheet (hereinafter “each land of this case”), and the Plaintiff’s shape B owned C and D land immediately adjacent to each land of this case.

The Plaintiff consented to the construction of a new factory B so that each land of this case can be used without compensation.

Since then, the auction procedure was conducted to exercise the security right to each of the above lands owned by B, and the said land was awarded a successful bid in the name of Nonparty E in consultation with the partners.

Upon B’s request, the Plaintiff allowed E to use each of the instant lands free of charge. On December 16, 2014, E concluded a contract with the Defendant to collectively transfer ownership of the said C and D land, including the right to use each of the instant lands.

Accordingly, from December 22, 2014, the Defendant occupied each of the instant land and entered it.

Meanwhile, the rent from December 22, 2014 to November 2, 2015 for each of the instant lands is KRW 7,273,000, and the basis for the calculation is as follows.

The determination of the expected interest rate for the land price = Basic price for the determination of the expected interest rate for the land = F276,77,00 won x F276,77,000 won x 0.030 won x 365 days 7,188,600 won x 3,250 won G 0.030 x 384,400 won x 316 days / 365 days 84,400 won / 365 / 84,273,000 won / 280,000 won / 7,273,000 won / 365 / 365 / 365 / 365 / 7,273,000 won / The determination of the overall appraisal results of the entrustment to the appraisal corporation of this court / November 2, 2015.

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