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(영문) 수원지방법원평택지원 2015.11.27 2014가단44166
건물등철거
Text

1. The defendant is against the plaintiffs:

A. Of the 51 square meters in Pyeongtaek-si G-si, each point is indicated in the attached Form 14, 16, 13, and 14.

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed on December 7, 1983 with respect to each land listed in the separate sheet (hereinafter “instant land”).

B. I died on May 6, 1993, and died of J, the wife of the deceased I, and eventually, the deceased I’s inherited property was succeeded to each of the plaintiffs 1/6 shares.

C. From August 197, the Defendant: (a) installed and used a tent, outdoor air conditioners, and a boat mooring building on the land in this case from August 1997 to August 200; and (b) occupied and used exclusively for the purpose of the building site, parking lot, etc.

[Reasons for Recognition] Unsatisfy Facts, entry of Gap evidence 1 and 3 (including each number), the result of the appraiser K's survey and appraisal, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as to the cause of the claim: 1) removal, delivery, and the occurrence of the obligation to return unjust enrichment, the defendant occupies the land of this case. Thus, barring any special circumstance, the defendant is obligated to remove each of the buildings on the ground of this case, the outdoor air conditioners, and the instant land and deliver the instant land to the plaintiffs, barring any special circumstance. The plaintiffs are obligated to return the amount equivalent to the rent from April 10, 2005 to the date of the completion of delivery of the instant land, which the plaintiffs seek as unjust enrichment from the possession of the instant land, to the date of the delivery of the instant land. 2) In ordinary cases of unjust enrichment within the scope of unjust enrichment, the amount of unjust enrichment from possession and use of the instant land is the amount equivalent to the rent of the relevant real estate. According to the L appraiser's appraisal of rent, the sum of rent for the instant land from April 10, 2005 to April 9, 2015 is 2,1040,3005.

Therefore, the defendant is rent to the plaintiffs from April 10, 2005 to April 9, 2015.

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