(영문) 제주지방법원 2016.12.30 2015가단18687

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(영문) 제주지방법원 2016.12.30 2015가단18687

토지인도

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Judgment on the Grounds of Claim

A. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 3 and 5, the plaintiff completed the registration of ownership transfer based on a successful bid on October 16, 2001 with respect to the land of this case on October 18, 2001, and the defendant currently resides in the building of this case on the land of this case. According to the above facts of recognition, the defendant who occupies the building of this case is obligated to leave the building of this case to the plaintiff who is the owner of the land of this case, unless there are special circumstances.

B. The Plaintiff filed a claim against the Defendant for unjust enrichment equivalent to the rent from the time of the delivery of the instant land and the time of the delivery of the said land. However, there is no dispute between the parties as to the fact that D died while owning the instant building, and E, its inheritor, is inherited. The Defendant is merely the possessor of the instant building, and there is no other evidence to prove that the Plaintiff occupied the instant land. Thus, this part of the Plaintiff’s assertion is without merit.

Judgment on the defendant's defense

A. The defendant leased and occupied the above building from E, the owner of the building of this case, and the defendant also has no ground to leave the building. Thus, in full view of the following facts: (a) the building of this case on the ground of this case was newly constructed around 1963 by D, the owner of the land of this case, but the registration of ownership preservation was not completed; (b) Eul succeeded to the building of this case; (c) the registration of ownership transfer was completed with respect to the land of this case from D and E on January 23, 1998; and (d) the defendant leased the building of this case from D and E on a deposit of KRW 30,000,000,000. Thus, the plaintiff of this case or his heir died.

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