(영문) 의정부지방법원 2017.10.20 2016가단117469

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(영문) 의정부지방법원 2017.10.20 2016가단117469

토지인도

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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant):

A. Of the area of 673 square meters in Namyang-si, the attached Form No. 5, 6, 10, 10.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 4, 2003, the Plaintiff is the owner who completed the registration of ownership transfer with respect to D large scale 673 square meters (hereinafter “Plaintiff-owned site”).

B. On July 31, 2006, the Defendants completed the registration of ownership transfer with respect to shares of 1/2 shares in Namyang-si, E, the neighboring land owned by the Plaintiff on July 31, 2006 (hereinafter “Defendant-owned land”). On May 8, 2007, the Defendants spread the existing building on the ground and newly construct a house.

C. Of the Plaintiff’s land, a gate column in the shape of “the instant gate column” (hereinafter “instant gate column”) connecting each point of 1, 2, 5, 6, 7, 8, and 1 in sequence is occupied by using as part of the entrance of “bb” part of the entrance in the ship connected to each point of 5, 6, 10, 9, and 5 of the attached drawings owned by the Defendants, is installed on the ground.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 and Eul evidence Nos. 4 through 10 (including numbers), the court's result of the measurement and appraisal commission to the President of the South-Yyangyang-gu Dam in this Court, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the facts of recognition of removal, delivery, and unjust enrichment, the defendants have the duty to remove the main columns of this case and deliver the part of this case's dispute to the plaintiff, and return profits from the use of the main columns of this case to the plaintiff as unjust enrichment, barring special circumstances. The defendants have the duty to remove the main columns of this case's dispute to the plaintiff, deliver the part of this case's dispute to the plaintiff, and return profits from the use of the main columns of this case's dispute to the unjust enrichment.

B. Scope of return of unjust enrichment

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