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(영문) 청주지방법원충주지원 2016.11.17 2016가단3174
토지인도등
Text

1. The Defendants jointly do so to the Plaintiff:

(a) remove facilities installed on the ground of 3,535 square meters in Chungcheong-si.

Reasons

1. Indication of claim;

A. Defendant B, on March 6, 2010, asserted that the instant land was annual rent of KRW 2,120,000 from E, who was the owner of D 3,535 square meters (hereinafter “instant land”) in Chungcheongnam-si, Chungcheongnam-si, and the Plaintiff calculated the annual rent of KRW 2,100,000, when filing a claim for return of unjust enrichment equivalent to the unpaid rent and the rent.

From March 6, 2010 to December 31, 2014, lease was made (hereinafter “instant lease contract”). Since then, E dies, the Plaintiff completed the registration of ownership transfer on the instant land on August 29, 2013 due to inheritance.

B. Defendant C, without the Plaintiff’s consent, was granted the right to use the instant land by Defendant C, and planted ginseng on the instant land. Defendant B paid only KRW 1,600,00 as the rent under the instant lease agreement in December 31, 2015, without paying the rent of KRW 4,700,000 (= KRW 2,100,000) as of December 31, 2015.

C. Therefore, the Defendants are jointly obligated to remove the facilities installed on the instant land to the Plaintiff, collect planted ginseng and deliver the instant land to the Plaintiff, and pay the unpaid rent of KRW 4,700,000 and damages for delay therefrom, and the amount of unjust enrichment equivalent to the monthly rent of KRW 2,10,000 from January 1, 2016 to the completion date of delivery of the instant land.

2. Applicable provisions;

(a) Defendant B: Article 208(3)3 of the Civil Procedure Act (Decision by public notice);

B. Defendant C: Article 208(3)2 of the Civil Procedure Act (in the case of being deemed as a confession),

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