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(영문) 춘천지방법원 2015.03.03 2014가단3057
토지인도 등
Text

1. Defendant D:

A. The Plaintiff is handed over to the Plaintiffs the area of 3352 square meters prior to the Hongcheon-gun, Suwon-gun, and the said land from January 1, 201.

Reasons

1. Facts of recognition;

A. On December 9, 2009, the Plaintiffs purchased the said land in the procedure of G real estate auction by the Chuncheon District Court G real estate G with regard to the Hongcheon-gun, Hongcheon-gun, Seoul (hereinafter “instant land”). On January 28, 2010, the Plaintiffs purchased the said land and completed the registration of ownership transfer on the said land.

B. On December 14, 2009, Plaintiff A purchased 4036 square meters (hereinafter “instant land 2”) prior to the Hongcheon-gun, Hongcheon-gun on December 14, 2009, including the instant land and the instant land No. 1 and the instant land No. 2, and completed the registration of ownership transfer on January 27, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that the parties asserted that the plaintiff C has a duty to free loan the land and the land of this case from January 1, 2010 to December 31, 2010, to build 2 colons of the steel structure plastic colon (hereinafter "the instant vinyl") on the ground of the land of this case. Although the above free loan for use expires on January 1, 201, the defendant C occupies the land of this case together with the defendant D while cultivating the virtue of each of the land of this case, the defendant C removed the instant vinyl, and the defendants removed the instant vinyl Co., Ltd has a duty to transfer the land of this case and pay the amount equivalent to one million won per annum from January 1, 201 to the completion date of delivery of the land of this case, and the defendants are obligated to transfer the land of this case to the plaintiff A and the defendants to whom the land of this case is delivered by the ratio of unjust enrichment to the amount equivalent to one million won per annum from January 1, 2011 to the completion date of delivery.

As to this, the Defendant C was located in the H forest owned by the neighboring H, not the land of this case, and the said Defendant was already taking a fluorial virtue.

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