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(영문) 서울중앙지방법원 2017.02.16 2015가단5383842
임료 등
Text

1. The Defendants are to the Plaintiff.

(a) remove trees planted in each real estate listed in the separate sheet;

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “each land of this case”) was owned by Defendant C from March 20, 1973 to December 6, 2002, and ownership was transferred to D on the ground of donation on December 24, 2002. Upon the application of E, a mortgagee of the right to collateral security established on each land of this case, the procedure for the auction of real estate of this case was commenced with the Suwon District Court F with regard to each land of this case, and the Plaintiff acquired the ownership of each land of this case by completely paying the sale price on July 24, 2007 upon receiving the decision to permit the sale at the above auction procedure.

B. The Defendants, on the ground of each of the instant lands around 1990, are planting and managing two pine trees owned by the Defendants (hereinafter “instant trees”) up to the present day.

C. Meanwhile, the separate sheet from July 24, 2007 to November 25, 2016, which the Plaintiff acquired the ownership of each of the instant lands, shall be as follows.

1. 10,931,00 won for the rent of the land to be stated, and a list in the attached Form;

2. The rent for the land indicated is KRW 9,397,00.

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

2. According to the aforementioned facts and the purport of the entire pleadings, the Defendants possessed each of the instant land by owning the trees planted on the ground of each of the instant land, and occupied each of the instant land without any legal ground, thereby gaining unjust enrichment equivalent to the rent, and thereby resulting in losses equivalent to the same amount.

Unless there are special circumstances, the defendants are obligated to remove the trees of this case to the plaintiff upon the plaintiff's claim for the removal of interference based on the land ownership of this case, and the defendants jointly do so to the plaintiff from July 24, 2007, the acquisition date of each land ownership of this case to November 25, 2016, which is equivalent to the rent of each land of this case from November 25, 2016, = 20,328,000 = Attached list.

1. A list of attached Form 10,931,00 won for the land indicated;

2. The stated land 9,397.

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