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(영문) 창원지방법원진주지원 2015.09.11 2014가단12443
토지인도 및 건물철거 등
Text

1. The defendant shall be the plaintiff.

A. Of the land size 216.5 square meters in Jinju-si, each point is indicated in the attached Form 2, 3, 4, 5, 6, 7, and 2.

Reasons

1. Facts of recognition;

A. On July 16, 2014, the Plaintiff is the Plaintiff’s position as the party. (1) The Plaintiff is deemed as the “instant site” of Jinju-si, Jinju-si 216.5 square meters (hereinafter “instant site”).

(2) On April 12, 2005, the Defendant is a person who has won a successful bid and completed the registration of transfer of ownership on the ground of inheritance by consultation and division under the title of Article 17771 of the Changwon District Court’s Jinju Branch’s Jinju’s Seoul District Court’s Jinju’s Jinju’s 42.7 square meters adjacent to the instant site. (2) The Defendant is a person who completed the registration of transfer of ownership on the ground of inheritance by consultation and division under the title of Article 1771 of the Changwon District Court’s Jinwon District Court’s Jinju’s Jinju’s order

B. The Defendant, in the order of priority among the instant land, installs toilets and gates for the portions connected to each point of the separate sheet Nos. 2, 3, 8, 7, and 2. On the line connecting each point of the 2, 3, and 4 in sequence, he/she occupies part (2), 3, 4, 5, 6, 7, and 2 of the instant land, which connect each point of the separate sheet Nos. 2, 3, 4, 5, 6, 7, and 34.5 square meters (hereinafter “the instant dispute part”) among the instant land.

C. On July 16, 2014, the rent for the part concerning the instant dispute in the instant dispute is KRW 170,770 per month until July 15, 2015, which is close to the date of closing argument.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination on the cause of the claim

A. According to the above facts, the Defendant occupied the part of the instant dispute owned by the Plaintiff without a legitimate title, barring any special circumstance, and barring any special circumstance, the Plaintiff is obligated to return unjust enrichment equivalent to the rent from July 16, 2014 to the completion date of delivery of the part of the instant dispute, on the grounds that (i) the Plaintiff removed the toilets, gates, and fences installed in the instant dispute; (ii) the part of the instant dispute was handed over; and (iii) the Defendant obtained profit equivalent to the rent by occupying the part of the instant dispute; and (iv) the Plaintiff incurred loss equivalent to the same amount.

B. Furthermore, the defendant must return to the plaintiff.

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