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(영문) 대구지방법원경주지원 2016.11.03 2015가단987
토지인도 등
Text

1. The defendant shall be the plaintiff.

A. Of the 85,616 square meters of the forest C in racing-si, each indication of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, and 1.

Reasons

1. Basic facts

A. On December 13, 2005, the Plaintiff purchased C Forest land 85,616 square meters (hereinafter “instant land”) in the discretionary auction procedure on December 14, 2005, and completed the registration of ownership transfer on the 14th of the same month.

B. The Defendant is the owner of the instant house 260 square meters and cement brick slives slives slives slives slives slives slives slives slives slives slives slives slives (hereinafter “instant house”). According to the current status, the instant house is 50 square meters of the portion inside the instant land connected in sequence of each point of the annexed drawing Nos. 1, 2, 3, 4, 5, 6, 7, 8, and

【In the absence of a dispute on the basis of recognition, the entries in Gap evidence 1 through 7, the result of the request for surveying and appraisal to the Korea Land Information Corporation in this court, the purport of the whole pleadings

2. According to the facts acknowledged prior to the determination as to the cause of the claim, unless the defendant does not prove the source of possessory right to the land of this case, the defendant is obligated to remove the house of this case on the land of this case and deliver the affected part to the plaintiff, unless there are special circumstances.

In addition, the defendant is obligated to return unjust enrichment from the possession of the part of the crime in this case to the plaintiff, and the amount of unjust enrichment from the possession and use of the real estate in ordinary cases is equivalent to the rent of the real estate. According to the result of the response to the entrustment of appraisal of rent for E in this court, the rent for the part of the crime in this case from February 3, 2006 to October 19, 2015 is about 806,235, and the monthly rent for the part of the crime in this case from October 19, 2015 is recognized as 10,166, and it is confirmed that the rent after October 20, 2015 is equal to that for the above, the amount of unjust enrichment that the defendant must return to the plaintiff shall be 806,235 won and the amount of unjust enrichment from October 20, 2015 to October 16, 2015.

3. The defendant's defense is judged.

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