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(영문) 수원지방법원 2020.10.15 2019가단557613
토지인도
Text

The Defendants jointly do so to the Plaintiff:

A. Of the area of 1958 square meters in Suwon-si, Suwon-si, the attached appraisal map No. 11, 12, 10, 10.

Reasons

1. On February 11, 2019, the Plaintiff completed the registration of transfer of ownership based on sale with respect to the land of 1958 square meters (hereinafter “instant land”) before Suwon-si, Suwon-si.

On June 16, 2016, Defendant B completed the registration of ownership transfer, based on sale, with respect to the land adjacent to this case’s neighboring land E, Suwon-si, Suwon-si (hereinafter “instant adjacent land”). On January 16, 2019, Defendant C completed the registration of ownership transfer with respect to the share of 396/2645, out of the adjoining land of this case’s donation.

The Defendants installed a vinyl and underground facilities (hereinafter “instant facilities, etc.”) on the adjoining land of the instant case. The Defendants are using the instant facilities, etc., as Disposition 1-A of the instant land.

Land (hereinafter “instant dispute land”) contained in subsection (b), 3, and 4(d) are affected by each of the “bbb”, 3, and 4(d).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the result of the request for measurement and appraisal to the director of the Korea Land Information Corporation branch, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition as to the request for removal and delivery, the Defendants possessed the land by installing the instant facilities, etc. on the land owned by the Plaintiff without title. Thus, barring any special circumstance, they are jointly obligated to remove the instant facilities, etc. and deliver the instant land to the Plaintiff, barring any special circumstance.

B. According to the above facts of recognition as to the claim for return of unjust enrichment, the defendants have a duty to jointly return to the plaintiff the unjust enrichment equivalent to the rent due to the possession and use of the land in the dispute of this case, as they occupy and use the land in the dispute of this case without any legal grounds, barring special circumstances.

Furthermore, according to the result of the appraisal on the appraiser F of this Court, it is about the dispute land of this case.

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