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(영문) 대구지방법원 2018.06.20 2017나11443
토지인도 등
Text

1. The judgment of the court of first instance is modified as follows.

The defendant from September 1, 2013 to August 29, 2017 to the plaintiff is 50.

Reasons

1. Facts of recognition;

A. On August 30, 2013, the Plaintiff, at the time of residence owned by the Plaintiff, leased 20 square meters for the following period from September 1, 2013 to August 30, 2018 (hereinafter “instant land”) of the attached Table 1, 2, 10, 11, 12, and 1, among the attached Table 1, 2, 10, 100 square meters, which are attached to the Plaintiff’s land located within the scope of 223 square meters.

(hereinafter referred to as “instant lease agreement”) between the original Defendant. B.

The Defendant did not pay only once to the Plaintiff the tea stipulated in the instant lease agreement.

C. On May 16, 2017, the Plaintiff sent to the Defendant a content-certified mail indicating that the instant lease contract was cancelled on the grounds that the Defendant was in arrears at least twice. Around that time, the Defendant was served with the content-certified mail.

On August 18, 2017, the Intervenor succeeding to the Plaintiff purchased C 223 square meters at the time of permanently residing from the Plaintiff, including the instant land, and completed the registration of ownership transfer on August 29, 2017, respectively.

E. The Defendant, prior to the conclusion of the instant lease agreement, has installed a steel-frame structure wall (hereinafter “instant wall”) on the instant land, thereby occupying the said land up to the present day.

[Ground of recognition] Fact that there is no dispute, entry of Gap evidence 1 through 5, result of a request for surveying and appraisal to the Korea Land Information Corporation of the first instance court for surveying and appraisal, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the Plaintiff’s claim 1, the instant lease agreement was cancelled on the grounds of unpaid rent by the Defendant around May 16, 2017, and the Defendant is obligated to pay the Plaintiff the unpaid rent from September 1, 2013 to the date of termination of the said lease agreement. The Plaintiff is obligated to pay unjust enrichment from the date of termination of the lease agreement to August 29, 2017 when the Plaintiff lost the ownership of the instant land from the date of termination of the lease agreement. On the other hand, in ordinary cases, the amount of profit from the possession and use of real estate is next.

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