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Reasons
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(영문) 부산지방법원 2017.01.26 2016가단329534
토지인도
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1. The defendant shall be the plaintiff.

A. Of the area of 840 square meters in Busan Dong-gu B prior to Busan Dong-gu, 1, 23, 24, 25, 26, 27, 28, 29, 22.

Reasons

1. The following facts may be acknowledged, either in dispute between the parties, or in full view of Gap evidence Nos. 1-4 and Eul evidence Nos. 1 (including paper numbers) or images, and the result of this court’s request for surveying and appraisal of the Korea Land Information Corporation and the purport of the entire pleadings.

On October 15, 2014, the Plaintiff completed the registration of ownership transfer on the ground of donation with respect to the land of 840 square meters (hereinafter “instant land”) prior to Busan Dong-gu, Busan.

B. From around 198 to around the instant land, the Defendant installed, managed, and operated a stadium and a physical training center, etc. In order to enter the instant land, the part of the “bbbb” part of the physical training center connected in sequence 1, 23, 24, 25, 26, 27, 28, 29, 29, 29, 22, and 1, among which the instant land was invaded, is part of the “b” portion 40 square meters connected in sequence 20, 29, 29, 28, 27, 26, 32, 31, and 20 square meters, and the part of the “c” portion 5 square meters connected in sequence 20, 298,3,4,38,34,32,32,326, 25, 224, 28, 35 square meters, 37, 284, and 284 square meters.

C. Of the instant land, the rent in the event that the aforementioned portion of the “bbb”, “c” portion, “4,” and “vine portion” (hereinafter “the instant land portion”) are leased without any deposit, appears to be the sum of KRW 1,107,000 from October 15, 2014 to December 6, 2016, and KRW 42,600 from that end to December 42, 200 (= KRW 3,800, KRW 500, KRW 26,800).

2. According to the above facts finding as to the Plaintiff’s claim, the Defendant delivered the part of the instant land to the Plaintiff, barring any special circumstances, and the amount of KRW 1,107,000 as unjust enrichment equivalent to the rent due to the possession and use of the instant part of land and the Plaintiff’s claim on December 19, 2016.

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