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(영문) 서울중앙지방법원 2018.08.09 2018가단5018866
토지인도 등 청구의 소
Text

1. The defendant against the plaintiff A,

(a) deliver each land listed in separate sheet 1 and 2;

(b) 1,005,078 Won and its corresponding;

Reasons

1. As to the plaintiff A's claim

A. 1) The Plaintiff owned each of the lands listed in paragraphs 1 and 2 of the attached Table 1 from January 22, 1988 to the present date. 2) The Defendant occupied and used each of the lands listed in paragraphs 1 and 2 of the attached Table 1 from May 21, 201 to the present date from May 21, 201.

3) Plaintiff A filed a lawsuit claiming restitution of unjust enrichment equivalent to the rent from May 21, 2011 to December 23, 2016 on each of the lands listed in attached Tables 1 and 2 to the Defendant (Seoul Central District Court 2016Gadan51405) with the court rendered a favorable judgment on April 7, 2017, and this judgment became final and conclusive after this judgment became final and conclusive. 4) If Plaintiff A leases each of the lands listed in Articles 1 and 2 of the attached Tables 1 and 2 to another person, the amount equivalent to the rent that Plaintiff A is entitled to receive is as listed below.

The calculation period of the annual rent for the area of land shall be 31 on December 24, 2016 to December 23, 2017, 556,080 46,340 on December 24, 2017 to December 24, 2017; 570,980,47,580 on December 24, 2017 to December 24, 2017 to December 24, 2017 to December 24, 2016 to December 24, 2016 to December 147, 2017; 3201,320 to December 147, 2017 to December 23, 2017 to December 24, 2017 to 151,8012,650 / [Grounds for recognition] evidence No. 1, 2, and 3 of the appraisal of each court Gap;

B. 1) According to the above facts as to the request for extradition, the defendant who occupies each parcel of land listed in paragraphs 1 and 2 of the attached list, has a duty to deliver each parcel of land listed in paragraphs 1 and 2 of the attached list to the plaintiff who is the owner, unless there are special circumstances, such as there is a legitimate title to occupy each parcel of land listed in paragraphs 1 and 2 of the attached list. 2) As to the claim for restitution of unjust enrichment, the defendant occupies each parcel of land listed in paragraphs 1 and 2 of the attached list owned by the plaintiff, thereby gaining profits equivalent to the land use profit and causing damages equivalent to the same amount to the plaintiff, and the defendant is liable to obtain a favorable judgment after the plaintiff acquired the ownership of the above land from the plaintiff A.

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