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(영문) 대구지방법원안동지원 2016.06.15 2015가단4528
토지인도등
Text

1. The Defendants are each indicated in the separate sheet No. 30-20, 13-10, 31-39, and 30 among the land size of 7,592 square meters in Ansan-si, Dong-si, the Plaintiff.

Reasons

1. The following facts can be acknowledged, either in dispute between the parties, or in full view of the purport of the entire pleadings, as stated in Gap evidence Nos. 1 and 2:

On August 16, 2013, the Plaintiff purchased 7,592 square meters (hereinafter “instant land”) prior to K in Ansan-si, Ansan-si (hereinafter “instant land”) and completed the registration of ownership transfer.

B. On March 17, 1987, the deceased M acquired ownership of N-source 3,481 square meters, which is adjacent to the instant N-owned land, and around 1987, he/she occupied and used private trees in the ship connected each point of the attached Form 30-20, 13-10, 31-39, and 30 square meters (hereinafter “the instant land”) among the instant N-owned land, which are connected in order to each point of the said N-owned land, in which he/she occupied and used private trees, and as of the date of the closing of argument in the instant case, he/she also owned and used private trees in the same way as the part of 607 square meters (hereinafter “the instant land”).

C. The deceased on September 12, 2001, and the Defendants’ inheritance shares against the deceased M are 27/17, Defendant G, H, I, and J, each 18/117 of Defendant B, Defendant C’s 6/117, Defendant D, E, and F, each 4/117, as stated in the attached final inheritance shares.

The rent of the occupied land of this case is as follows.

1) From August 16, 2013 to August 15, 2014: 376,000 won: from August 16, 2014 to August 15, 2015: 412,000 won: August 16, 2015 to February 26, 2016: 239,000 won (monthly rent of 37,000 won)

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants succeeding to the ownership of fruit trees and obstacles planted in the possession land of this case as the deceased M’s inheritors, and the possession of the possession land of this case, are obligated to collect all of the fruit trees and obstacles planted in the possession land of this case to the Plaintiff, the owner of the land of this case, as the owner of the land of this case, and deliver the occupied land of this case. From August 16, 2013 when the Plaintiff acquired the ownership of the land of this case to the completion date of delivery of the possessed land of this case, the Defendants are obligated to return unjust enrichment equivalent to the rent according to their respective inheritance shares.

B. The Defendants, who are the Defendants, are the Plaintiff.

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