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(영문) 수원지방법원 안산지원 2018.08.07 2017가단9411
지료
Text

1. The defendant shall be the plaintiff.

(a) remove a stable listed in Attachment 2;

(b) Appendix 1.

Reasons

1. Facts of recognition;

A. On June 5, 1995, the Plaintiff completed the registration of ownership transfer with respect to the land listed in Paragraph 1 of the Attached List (hereinafter “instant land”).

B. D around December 197, 197, a stable listed in attached Table 2 (hereinafter “instant stable”) was newly constructed on the instant land.

The defendant purchased the instant stable from D on January 17, 1998, and completed the registration of ownership transfer under his own name with respect to the said stable on February 18, 1998, and thereafter owned the instant stable and possessed the land from that time.

C. The Defendant acted as the Plaintiff’s representative from the time of purchasing the instant stable to February 2, 2014.

On February 2014, the Plaintiff dismissed the Defendant from the representative through a general meeting resolution.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as the cause of claim, the land in this case is owned by the plaintiff. The defendant owned the stable in this case without any legal cause on the land in this case, and regardless of whether it actually occupies the building or the site, it shall be deemed that he occupies the land above the site. In addition, as long as the above building is owned on the above land, as long as he own the above building on the above land, he personally obtains profit equivalent to the profit from the use of the above land, and thereby causes damage equivalent to

Therefore, barring special circumstances, the Defendant is obligated to remove the instant stable to the Plaintiff, deliver the instant land, and pay, as sought by the Plaintiff, unjust enrichment equivalent to the rent of the instant land from February 1, 2014 to the completion date of delivery of the instant land.

With respect to the amount of unjust enrichment, the amount of profit from the possession and use of the real estate is the amount equivalent to the rent of the real estate.

In full view of the purport of the argument as a result of appraiser E’s appraisal, this case.

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