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(영문) 의정부지방법원 2015.04.30 2013가단46917
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver 130 square meters of cement block buildings 130 square meters at the Government-si;

(b) 1,560.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed in the Plaintiff’s name on May 18, 2009 through D and E with respect to cement block structure and 127.7 square meters in cement block structure, cement block structure, 127.7 square meters in dunes and cement block structure, streke roof, single-story storage, and 142.58 square meters in the instant warehouse (hereinafter “instant warehouse”).

B. The area on the registry of the instant warehouse is 142.58 square meters or the actual area is 155 square meters, and among which 130 square meters is located on the land of forest land, and 25 square meters is located on the land of forest land.

C. D leased the instant warehouse, one’s own possession, to G around July 20, 1982. G repaired and resided in the instant warehouse for residential purpose. At around 2008, G received KRW 150 million from H and transferred the possession of the instant warehouse. H transferred the instant warehouse to the Defendant around July 20, 2013.

On the other hand, on March 31, 2000, C Forest 71823 square meters was divided into C Forest 2577 square meters, F Forest 28195 square meters, I Forest 13194 square meters, J Forest 4657 square meters on March 31, 200, and F land was completed due to the consultation on public land on November 12, 2001.

E. On December 13, 2001, the Korea Highway Corporation paid KRW 100,714,300 for obstacles to the F-ground houses, warehouses, boiler rooms, etc. at the Do government city owned D, and on July 10, 2002, G decided to pay KRW 5,891,260 for relocation compensation for F-ground stables 88 square meters to tenants on July 10, 2002.

[Reasons for Recognition] A without dispute, Gap evidence 1 through 3 (including the number of each branch; hereinafter the same shall apply), Eul evidence 4, 7 through 10, witness G testimony, part of witness H testimony, inquiry results on the Korea Highway Corporation by this court, inquiry results of the Korea Highway Corporation's appraisal results, the whole purport of arguments.

2. The gist of the plaintiff and the defendant's argument

A. The plaintiff is the owner of the warehouse of this case, and the defendant occupies the warehouse of this case without any title. Thus, the defendant delivers the warehouse of this case to the plaintiff and makes unjust enrichment equivalent to the rent until it is delivered.

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