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(영문) 의정부지방법원 2015.01.23 2014가합7879
부동산 인도 등
Text

1. The defendant shall be the plaintiff.

A. Each point is one of the indication of 1,711 square meters and the attached Form 1,2,3,4, and 1 on the ground before Namyang-si, Namyang-si.

Reasons

1. Indication of claim;

A. The Plaintiff is a project implementer of the project for the Bogeumjari Housing Project in Namyang-do (hereinafter “instant project”), and the Defendant is the lessee of the land indicated in paragraph (a) of the order 1 incorporated into the instant project district (hereinafter “instant land”).

B. On May 13, 2014, the Plaintiff paid compensation of KRW 641,188,600 to C, the owner of the instant land, and acquired the instant land by expropriation. On August 13, 2013, the Plaintiff and the Defendant entered into a water compensation agreement with the Defendant, and with the Plaintiff, if the Plaintiff paid KRW 1,005,00 to the Defendant for the obstacles to the Defendant’s ownership, including plastic houses listed in paragraph (a) of Article 1 of the Disposition on the Land of this case (hereinafter “the instant plastic houses”), the Defendant paid KRW 1,00,00 to the Defendant, by August 31, 2013, to remove or transfer the said obstacles.

C. On August 29, 2013, the Defendant paid the above compensation of KRW 1,005,000 to the Plaintiff, but did not deliver to the Plaintiff the instant land and plastic houses. The amount of unjust enrichment equivalent to the rent that the Defendant gains by occupying and using the instant land and plastic houses is KRW 1,00,000 per month.

Therefore, the Defendant is obligated to deliver the instant land and vinyls to the Plaintiff, and to pay the Plaintiff money at the rate of KRW 1,00,000 per month, which is equivalent to the rent for each of the said real estate from September 1, 2013 to the completion date of delivery of each of the said real estate.

2. Article 208 (3) 1, and Article 257 (1) of the Civil Procedure Act of the applicable Act;

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