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(영문) 창원지방법원밀양지원 2017.10.17 2017가단10086
토지인도
Text

1. The Defendants are to the Plaintiff:

A. The respective points are indicated in the attached Form No. 12, 18, 19, 12, among the area of 1,227 square meters in Gyeong-gun, Gyeongnam-gun.

Reasons

Facts of recognition

The Plaintiff completed the registration of ownership transfer on December 15, 2005 with respect to the land of 1,227 square meters in Do, Sinnam-gun (hereinafter “Plaintiff’s land”) due to a consultation and division on December 15, 2005

On August 23, 2016, the Defendants purchased from Nonparty E the F 490 square meters and its ground buildings adjacent to the Plaintiff’s land, and completed the registration of ownership transfer on October 1, 2016, respectively.

Meanwhile, in the case of the Plaintiff’s land, the portion of 53 square meters in a ship (b) which connects each point of the attached Form 12, 18, 19, and 12, among the areas of the Plaintiff’s land, is planted or concrete is buried, and a fence is installed near the line connected with the attached Form 18, 19.

On the other hand, rent after October 12, 2016 is KRW 8,480 per month for land of 53 square meters in the above (b) part.

【Unless there exist special circumstances, the Defendants are obligated to pay to the Plaintiff money in proportion to KRW 8,480 per month as profits from use from October 12, 2016 to the delivery date of KRW 53 square meters in proportion to the above (b) part among the Plaintiff’s land, to remove soil, planted trees, planted concrete, and fences filled on the ground of KRW 53 square meters in the attached drawing, and to deliver the above part (b) 53 square meters in proportion to the profits from use, and to the delivery date of KRW 53 square meters in proportion to KRW 8,480 per month.

As to this, the Defendants asserted that the Plaintiff should dismiss the Plaintiff’s claim since the Plaintiff consented to the seller E of the land and building owned by the Defendants to use the above part of paragraph (2) above and 53 square meters, but they voluntarily recognize that the Plaintiff’s mother was prepared and developed the Plaintiff’s mother, and there is no other evidence to acknowledge the Defendants’ assertion, and thus, the above assertion is rejected.

Thus, the plaintiff's claim against the defendants is justified.

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