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(영문) 의정부지방법원 2017.07.14 2016가단117896
토지인도
Text

1. The Defendant: (a) out of 4056 square meters prior to Gyeonggi-gun C, Gyeonggi-do; (b)

(a) an indication of the Appendix No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11;

Reasons

1. Basic facts

A. On December 29, 1997, the Plaintiff completed the registration of ownership transfer on the ground of inheritance due to the agreement division as of January 22, 1997, with respect to the area of 4056 square meters (hereinafter “instant land”).

B. From October 201, the Defendant: (a) from around 201 to around October 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 27, 28, 29, 30, 30, 32, 33, 34, 35, 36, and 25 of the annexed drawings on the instant land, the Defendant occupied the instant land by planting trees on the 58 square meters of the annexed drawings; (b) occupied the instant land in sequence of 1, 2, 3, 4, 4, 5, 6, 7, 8, 10, 10, 100 square meters of the adjacent drawings; and (c) used the specific portion of the “b)” in order to connect each of the aforementioned land to each of the areas in question.

C. The Plaintiff did not use the instant land at all due to the Defendant’s possession of the instant land in the aforementioned form.

The amount of rent equivalent to the instant land from October 1, 201 to April 17, 2017 is KRW 7,315,400, and the amount equivalent to the monthly rent after April 18, 2017 is KRW 124,300.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5, 6, and 7; the result of a request for surveying and appraisal to the chief of the Korea Land Information Corporation for the survey and appraisal to the chief of the same natural river branch; the result of a request for the appraisal of rent to appraiser D by this court; the purport of the whole

2. According to the facts found above, the Defendant is obligated to deliver to the Plaintiff, who is the owner of the instant land, a concrete package of “A” part of the instant land, unless the Defendant’s legal title regarding the part possessed by the Defendant among the instant land is recognized. The Defendant is obligated to collect trees planted on the part of “A” and 1203 square meters of “B” and 58 square meters of “C” part, and to deliver the said part of “B” and 1203 square meters of land and 58 square meters of land.

In addition, the defendant is against the plaintiff the amount of unjust enrichment equivalent to the rent from October 1, 201 to April 17, 2017 as to the land of this case, KRW 7,315,400.

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