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(영문) 울산지방법원 2015.04.08 2014가단57401
토지인도
Text

1. The defendant

A. Of the land listed in the attached list, the Attached Reference shall also block the “three-dimensional” part.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff acquired the ownership of the instant land by completing the registration of ownership transfer in its name with respect to the instant land indicated in the separate sheet on May 8, 2014 on the ground of sale from C on the ground of sale. 2) The Defendant, prior to the Plaintiff’s acquisition of the ownership of the instant land, occupied and used the land indicated in the separate sheet “15 square meters of land” among the instant land as a site of 81 square meters of land and 23 square meters of land indicated in the separate sheet prior to the Plaintiff’s acquisition of the ownership of the instant land, as well as the land of 315 square meters of land indicated in the separate sheet among the instant land, and is also occupying and using the land of 259 square meters of land indicated in the separate sheet.

3) The rent of the instant land is KRW 26,540 per month from May 8, 2014 to the date of 226,540 per month. [The purport of the entire pleadings is as follows: (a) there is no dispute over the grounds for recognition; (b) evidence A; (c) the result of the survey appraisal and the commission of rent appraisal

B. The Defendant is obligated to remove the above house to the Plaintiff, remove the container, and deliver the instant land to the Plaintiff.

Furthermore, the Defendant is obligated to pay to the Plaintiff unjust enrichment equivalent to the rent calculated at the rate of KRW 226,540 per month from May 8, 2014 to the completion date of the delivery of the instant land.

2. Judgment on the defendant's assertion

A. The defendant's assertion that the defendant paid KRW 63,00 per month to the former owner C of the land of this case and the land of this case. Thus, the defendant cannot respond to the plaintiff's claim.

B. According to the evidence No. 1 of the judgment as to March 30, 201, it can be acknowledged that the conciliation was completed between the Defendant and C as of March 30, 2011, with the content that “The Defendant shall pay C the monthly rent of KRW 63,000 as of April 1, 201, the date of loss of ownership of the instant land from April 1, 201 to the end of the month from the end of each month, or the end of each month from the Defendant’s possession.”

However, only that fact, after the above mediation is established, the land of this case.

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