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(영문) 부산지방법원 2016.06.14 2015가단79702
토지인도
Text

1. The defendant

A. Of the lands listed in the separate sheet, each point of Attached Map 1, 2, 3, 4, 5, 6, and 1 is followed in sequence.

Reasons

1. Basic facts

A. On October 10, 2013, the Plaintiff acquired ownership of part (A) of 35 square meters on the ship (hereinafter “instant land”) that connects each point of the attached drawings 1, 2, 3, 4, 5, 6, and 1 among the land indicated in the attached list among the land indicated in the attached list.

B. On October 6, 2010, the Defendant acquired ownership of the instant land and buildings with a size of 474 square meters adjacent to the Defendant, Busan-gu, Busan-gu, Busan-do.

C. From October 10, 2013 to April 19, 2016, the Plaintiff’s acquisition date of ownership on the instant land, the monthly rent of KRW 3,442,400 is a total of KRW 3,442,400, and the monthly rent after April 19, 2016 is KRW 117,00 per month.

[Ground of recognition] No. 1-2 of evidence No. 1-2 of the Korea Land Information Corporation; the result of the measurement and appraisal commission for the Korea Land Information Corporation; the result of the ground fee appraisal for Sam Chang Chang Corporation, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to remove the building on the ground of this case, deliver the above land to the Plaintiff. The Plaintiff is obligated to pay unjust enrichment equivalent to the rent of KRW 3,442,40 in total, from October 10, 2013 to April 19, 2016, and from April 20, 2016 to April 20, 2016 to April 117,000 in total, computed by the Defendant’s possession of the land of this case or from April 20, 2016 to the date when the Plaintiff’s possession of the land of this case is completed or the Plaintiff loses its ownership.

3. Conclusion, the Plaintiff’s claim of this case is accepted on the grounds of its reasoning.

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