(영문) 대구지방법원 안동지원 2018.01.10 2016가단23205

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(영문) 대구지방법원 안동지원 2018.01.10 2016가단23205

토지인도

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1. The Defendants:

(a) agricultural crops installed on the ground and underground of 2,968m2,00,000 G-gun, Gyeongbuk-gun, Gyeongbuk-gun, and

Reasons

1. In full view of the reasoning of the argument as to the cause of the claim Gap's evidence Nos. 1 through 6 and the entire purport of the argument by appraiser H, I may recognize the fact that the registration of ownership transfer was completed on March 15, 1980 with respect to the land of 2,968m2 (hereinafter "the instant land"), and I left the Plaintiff B (J prior to the name names), C (K prior to the name names), D (former L), and M, who is the heir on February 21, 2002, who is the plaintiff A and his children, and his wife, died, and the Defendants cultivated the instant land by planting crops and installing facilities on the instant land, and that the rent of the instant land constitutes a cause of KRW 85,00 as of September 22, 2017.

According to the above facts, the Defendants are obligated to collect and remove crops and facilities planted on the instant land from the deceased’s inheritors to the Plaintiffs, who are the owners of the instant land, and deliver the instant land. The Defendants are obligated to return unjust enrichment of KRW 23,181 per month from November 15, 2016, the following day after the delivery of a copy of the instant complaint, to the Plaintiff from November 15, 2016 to the completion date of delivery of the instant land, as they seek by the Plaintiffs, from November 15, 2016 to November 115, 2016 to the end date of delivery of the instant land. The Defendants are obligated to return unjust enrichment of KRW 85,00 (=3/11 of the inheritance share x less than KRW 3/11 of the inheritance share x less than KRW 3/11 of the inheritance share, hereinafter the same shall apply) to the Plaintiffs, B, C, and D respectively.

2. The Defendants asserted that they leased the instant land from N that managed the instant land, but there is no evidence to acknowledge that N is the net I, the Plaintiffs, or M’s agent, or the person who has the right to lease the instant land lawfully. Thus, the Defendants cannot oppose the Plaintiffs on the ground of the aforementioned circumstance.

Therefore, the above assertion by the Defendants is without merit to examine further.

3. Thus, the plaintiffs' conclusion is that of this case against the defendants.

유사 판례

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