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(영문) 수원지방법원 2016.06.23 2015나45403
건물등철거
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Text 1 of the judgment of the first instance; and

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on December 7, 1983 with respect to each land listed in the separate sheet (hereinafter “instant land”).

B. I died on May 6, 1993, and died of J, the wife of the deceased I, and eventually, the deceased I’s inherited property was succeeded to each of the plaintiffs 1/6 shares.

C. On January 13, 1993, the receipt number of Suwon District Court Sejong Housing Site Board No. 1209, Jan. 7, 1993, the provisional registration of the right to claim the transfer of ownership in the name of Nonparty M with the title holder, whose cause for registration was the promise to trade was completed. D.

From August 197, the Defendant: (a) installed and used a tent, outdoor air conditioners, and a boat mooring building in the instant land from August 1997 to the present time; (b) occupied and used each of the instant land for the purpose of the building site, parking lot, etc.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 and 3 (including each number; hereinafter the same shall apply), the result of the appraiser K's survey and appraisal, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as to the cause of the claim 1) removal, delivery, and the occurrence of the obligation to return unjust enrichment, the defendant occupies the land of this case. Thus, barring any special circumstance, the defendant is obligated to remove and deliver the land of this case to the plaintiffs seeking the removal of interference as the owner of the land of this case. The plaintiffs are obligated to return the amount equivalent to the rent from April 10, 2005 to April 9, 201, for which the plaintiffs seek unjust enrichment from the possession of the land of this case, as unjust enrichment from April 10, 2005 to the date of completion of delivery of the land of this case. 2) The amount of unjust enrichment from possession and use of the land of this case is the amount equivalent to the rent of the real estate. According to L appraiser's appraisal result, the rent of the land of this case from April 10, 2005 to April 9, 2015.

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