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(영문) 춘천지방법원강릉지원 2013.10.17 2012가단11156
토지인도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the area of 192 square meters prior to C in the East Sea, each point of the divists, e.g., attached drawings, e., 1, and 4.

Reasons

1. Facts of recognition;

A. On August 31, 2009, the Plaintiff leased each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) to the Defendant, without a deposit, by setting the rent of KRW 900,000 per annum, and the period on August 31, 2014.

(hereinafter “instant lease agreement”). B.

동해시 C 전 192㎡ 중, 별지 도면 표시 ㄹ, ㅁ, ㄱ1, ㄹ의 각 점을 순차로 연결한 선내 (라) 부분 2㎡ 지상에 피고 소유 주택의 담장이 설치되어 있고, 같은 도면 표시 ㄴ, ㄷ, ㅊ, ㅋ, ㅎ, ㄴ의 각 점을 순차 연결한 선내 (나) 부분 40㎡ 지상에 피고가 콘크리트포장을 한 통행로가 설치되어 있다.

C. Meanwhile, the Defendant cultivated each of the instant land by November 30, 2010.

[Grounds for Recognition: Evidence No. 1-4, Evidence No. 1-4, Evidence No. 4, Results of survey and appraisal by Appraiser D, the purport of the whole pleadings]

2. The gist of the Plaintiff’s assertion is the cause of the instant claim. The instant lease agreement was terminated; the fenced the part of the said part of the Plaintiff’s housing owned by the Defendant, among the land owned by the Plaintiff in the East Sea C, and the Defendant installed a concrete package on the ground of the said part of the land owned by the Plaintiff; thus, the Defendant filed for a return of unjust enrichment at a rate of KRW 4,240,000 per annum from December 1, 2012 to November 30, 2012, including the removal of the said part of the said ship’s (D) and the transfer of each of the instant land and the unjust enrichment equivalent to the unpaid rent to KRW 3,080,00, totaling KRW 3,080,000 and the cost of removing the above parts of the land’s concrete packaging and KRW 1,160,000,000 per annum from December 1, 2012 to the completion date of each of the instant land.

3. Determination on the request for delivery and removal

A. The fact that the instant lease contract was terminated on July 25, 2010 does not conflict between the parties, and according to the above fact of recognition, the Defendant is obligated to remove the fences installed on the ground of the above part (d) and return each of the instant land to the Plaintiff.

(b) this;

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