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(영문) 대구지방법원안동지원 2016.08.10 2015가단5255
건물등철거등
Text

1. The defendant shall be the plaintiff.

(a) remove the buildings listed in the annex No. 2;

(b) the land listed in the annexed Table 1;

Reasons

1. The following facts can be acknowledged in full view of the following facts: there is no dispute between the parties; there is evidence Nos. 1, 5, 6, and 7; and the purport of the entire pleadings as a result of the appraiser B’s appraisal.

On March 30, 2015, the Plaintiff purchased each land listed in the separate sheet No. 1 (hereinafter referred to as “each land of this case”) from C, D, and E, and completed each registration of ownership transfer on April 1, 2015.

B. In around 199, the Defendant newly constructed a 33.00 square meters of a sawbro saw processing site on the ground of the Ga-si F in Ansan-si among each of the instant lands (hereinafter “each of the instant buildings” in the attached Table 2), and 263.12 square meters of a storage (low temperature storage height) of reinforced concrete sbro sbro gate on G and H ground (hereinafter “each of the instant buildings” in the attached Table 2) on the ground of G and H.

C. The annual rent from April 1, 2015 to March 31, 2016 of each of the instant lands is KRW 362,000.

2. Determination

A. According to the above facts, barring any special circumstances, the Defendant, as the owner of each of the instant lands, removed each of the instant buildings and delivered each of the instant lands to the Plaintiff. The Plaintiff is obligated to return unjust enrichment equivalent to the rent calculated at the rate of KRW 362,00 per annum from April 1, 2015 to the completion date of delivery of each of the instant lands. 2) The Plaintiff sought a return of unjust enrichment calculated at the rate of KRW 200,000 per annum on the premise that the Plaintiff is the tea of each of the instant lands. However, the Plaintiff sought a return of unjust enrichment calculated at the rate of KRW 362,00 per annum on the premise that it is the tea of each of the instant lands. However, the Plaintiff’s assertion for the return of unjust enrichment exceeding the above findings is without merit.

B. The defendant's assertion 1 as to the defendant's assertion can be used by the residents of Ansan-si as part of the mountain village development project.

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