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(영문) 수원지방법원평택지원 2016.07.12 2015가단15783
수목수거 및 토지인도 등
Text

1. The defendant shall be the plaintiff.

(a) Trees planted respectively on the ground of 3,034 square meters in Pyeongtaek-si and on the ground of 1,147 square meters in Pyeongtaek-si; and

Reasons

1. In full view of Gap evidence Nos. 1 and 4 as to the cause of the claim and the purport of the entire pleadings as a result of the on-site inspection conducted by this court, the plaintiff is the owner of Pyeongtaek-si C. 3,034 square meters (hereinafter referred to as "the land No. 1") and D 1,147 square meters (hereinafter referred to as "the land No. 2"; hereinafter referred to as "the land No. 1 and 2 of this case"). The plaintiff entered into a sales contract with the defendant to sell pine trees and yellow gold return (hereinafter referred to as " trees of this case") planted on the land of this case on April 14, 201, with the collection of all of the items of this case until December 30, 2012, and the defendant did not collect the items of this case and did not occupy the land of this case until the present date.

(The result of the on-site inspection by this Court reveals that the damaged area of the pine trees, among the pine trees planted at approximately 1,200 square meters, is about 300 square meters, and the remainder is in the status of the Defendant’s purchase. The damaged pine trees are owned by the Defendant and they cannot be collected at will by the Plaintiff). According to the above facts, the Defendant is obligated to collect the trees, miscellaneous trees, etc. of this case and deliver each land of this case to the Plaintiff.

In addition, the Defendant is obligated to return to the Plaintiff the unjust enrichment equivalent to the rent due to the possession of the instant land. According to the appraiser E’s appraisal result, the amount equivalent to the rent from December 31, 2012 to May 12, 2016 for each of the instant land can be known to the facts constituting 13,440,650. As such, the Defendant’s aforementioned KRW 13,440,650, and as sought by the Plaintiff, at the rate of 15% per annum from June 22, 2016 to the day following the delivery date of the written change in the purport of the instant claim and the cause of the claim.

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