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(영문) 춘천지방법원원주지원 2016.12.21 2015가단4572
건물명도 및 토지인도
Text

1. The Defendant’s building materials owned by the Defendant, located in each real estate listed in the [Attachment 1 to 3] list, to the Plaintiff.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on May 2, 2005 on the real estate in the annexed list 1 and 3 as to the real estate in the annexed list 1 and 3, and on April 27, 2005.

B. From June 20, 2014, the Defendant occupied and used the building materials, lumber, scrap iron, etc. in the attached list Nos. 1 to 3 real estate from around June 20, 2014 while carrying on the water-related business. The area occupied by the Defendant among the real estate listed in the attached list Nos. 3 is 30% of the total area.

(c) The rent of each real estate listed in the separate sheet shall be as stated in the rent by the annexed period, and the subsequent rent shall be confirmed to be the same amount as at November 2016.

[Ground of recognition] Unsatisfy facts, Gap evidence Nos. 1, 5, 13, 27, 28 (including a provisional number), the result of the on-site inspection by this court, the result of the appraiser D's car appraisal, the purport of the whole pleadings

2. According to the facts based on the determination as to the cause of the claim, barring any special circumstance, the Defendant shall collect all articles, such as building materials, lumber, scrap iron, etc. owned by the Defendant in each real estate listed in the separate sheet Nos. 1 through 3, deliver each of the above real estate, and pay the amount equivalent to the rent for the occupied portion among the real estate listed in the separate sheet Nos. 1 through 3

With respect to the scope of unjust enrichment, the Defendant is unlawful gains from June 20, 2014 to November 28, 2016. As to real estate listed in the [Attachment List 1] 2,426,830 won (=9,600 won) as to real estate listed in the [Attachment List 1] 2,176,00 won as to real estate listed in the [Attachment List 2] (i.e., KRW 905,520 won, KRW 87,040 won, KRW 383,440 won) as to real estate listed in the [Attachment List 3] 3,464,805 won as to real estate listed in the [Attachment List 3] (=4,51,300 won, KRW 4,753,580 won, KRW 2,444,470 x KRW 3) as to real estate 8,067,381 to 294,294) as to real estate x 30516.30 won

The plaintiff.

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