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(영문) 전주지방법원 남원지원 2017.02.01 2014가단11414
토지인도
Text

1. The defendant shall be the plaintiff.

(a) collect trees planted on the land of 12,982 square meters of land in Namwon-si, Namwon-si;

B. The above A.

(b).

Reasons

1. Determination as to the cause of claim

A. In addition to the purport of the entire pleadings in the statement in evidence Nos. 1 through 3, it is recognized that ① on November 6, 1980, the registration of ownership transfer was completed with respect to the land of 12,982 square meters (hereinafter “instant land”) of Namwon-si, Namwon-si, for Non-party D’s name on March 26, 2014; ② the Defendant leased the instant land from D on January 5, 1998 to January 30, 198, after setting the lease term, and then planted trees, such as large trees, trees, etc., on that ground; ③ the Defendant continued to manage the instant land even after the lease term set in the said lease term expires; and ③ the fact that it continues to occupy the instant land until the present day.

B. According to the above facts, the defendant, as the owner of the land of this case, is obligated to collect trees on the ground of this case from the plaintiff, who is the owner of the land of this case, and deliver the land of this case and return the unjust enrichment from the possession and use of the land of

Furthermore, as to the amount of unjust enrichment to be returned by the Defendant, the amount of profit from the possession and use of real estate in ordinary cases is the amount equivalent to the rent of the real estate. In addition to the purport of the entire pleadings as a result of the appraisal of rent as to appraiser E in this court, it can be recognized that the difference of the land in this case is the 30,290 per month as of March 1, 2014. Since it is confirmed that the subsequent rent is the same amount, the Defendant is obligated to pay to the Plaintiff unjust enrichment at the rate of 30,290 won per month from March 27, 2014 to the completion date of delivery of the land in this case, the following day after the Plaintiff acquired the ownership of the land in this case.

2. Judgment on the defendant's defense

A. A. Around March 4, 2010, the Defendant set the gist of the defense between D and D, the former owner of the instant land, as the period of lease from January 30, 2008 to 240 months.

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