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(영문) 춘천지방법원원주지원 2017.06.28 2016가단33331
부동산 철거 등 청구의 소
Text

1. The defendant is against the plaintiffs:

(a) Of the real estate listed in the separate sheet, each point is listed in Appendix 1, 2, 2, 3, 4, 34, and 2.

Reasons

1. Basic facts

A. On March 15, 2016, each of the real estate listed in the separate sheet (hereinafter “instant land”) (hereinafter “instant land”) was awarded a successful bid of 1/2 shares, and completed each registration of ownership transfer on March 24, 2016.

B. The Defendant, on the ground of the instant land, owned the vinyls indicated in the Disposition No. 1, which were located on the ground of the instant land (hereinafter “the instant vinyls”) and the trees listed in the Disposition No. 1-B (hereinafter “the instant trees”) and occupied the instant land.

C. Of the instant land, rent is KRW 793,050 per month from March 24, 2016 to November 11, 2016 on the aggregate of the portion possessed by the instant vinyl house (hereinafter “the instant vinyl house possession”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including each number), the Korea Trees Evaluation Institute of this Court, the Korea Land Information Corporation's cross-branch, the result of each entrustment of appraisal to the Sam Chang Chang Chang Certified Public Appraisal Corporation's branch office, the purport of the whole pleadings

2. Determination

A. According to the facts found in the above determination as to the request for removal, removal and delivery, the Defendant is obligated to remove the instant vinyl house to the Plaintiffs, the owner of the instant land, and remove the trees of this case and deliver the instant land, except in extenuating circumstances.

The defendant asserts that all of the trees of this case were already collected, but there is no evidence to acknowledge this.

The defendant's above assertion is without merit.

B. According to the above facts of determination as to the claim for unjust enrichment, it shall be deemed that the defendant occupied and used the portion of the greenhouse possession of this case owned by the plaintiffs, thereby gaining profits without any legal grounds, and thereby suffered losses equivalent to the same amount from the plaintiffs. Thus, the defendant is obligated to return unjust enrichment from the possession and use of the greenhouse possession of this case to the plaintiffs, barring any special circumstances.

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