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(영문) 제주지방법원 2015.05.12 2014가단17861
건물철거 및 토지인도 등
Text

1. The defendant shall be the plaintiff.

A. Of the land size of 1204 square meters in Jeju-si, each point of the attached Form 1, 2, 3, 4, and 1 shall be in sequence.

Reasons

1. Basic facts

A. On November 13, 2012, the Plaintiff was awarded a successful bid for C Forest land of 1204 square meters (hereinafter “instant land”).

B. The Defendant: (a) installed steel containers on the portion of the instant land connected with each point of 1,2, 3, 4, and 1 in sequence prior to the bid price; (b) installed steel containers on the portion of 8.8 square meters in the ship connected to each point of 5.8 square meters in sequence; (c) installed buildings with lightweight steel framed prefabricated on the portion of 5.8 square meters in the ship connected each point of 10, 11, 12, 13, 14, 32, 31, and 10 of the same drawings; and (d) installed 3 containers with three different points of 3,000 square meters in sequence among the instant land; (e) installed 2,000 square meters in order with 3,000 square meters in the same drawings; and (e) installed 2,000 square meters in 2,000 square meters in the same section of the instant building; and (e) installed 3,000 square meters in 2,000.5 square meters in order.

C. From November 14, 2012 to November 13, 2014, the sum of rent for two years is KRW 7,657,440 (= KRW 3,563,840), and the annual rent is KRW 4,478,880 after November 14, 2014.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, appraiser D and E's each appraisal result, the purport of the whole pleadings.

2. Determination

A. According to the above facts, the defendant established the structure of this case on the plaintiff's land and infringed the plaintiff's ownership of the land of this case, and obtained unjust enrichment of the rent amount by using and making profits from the land of this case without any title. Thus, the plaintiff is entitled to do so.

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