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(영문) 전주지방법원정읍지원 2017.04.11 2016가단10443
토지인도
Text

1. The Defendants jointly do so to the Plaintiffs.

(a) 1, 2, 7, 6, and 1, each of the annexed drawings on the ground of 248 square meters in Jung-up, Jung-Eup.

Reasons

1. The Plaintiffs, as to the cause of the claim, seek against the Defendants the collection of obstacles, the transfer of land, and the return of unjust enrichment.

In full view of the records and images of Gap evidence Nos. 1 through 4 (including each number, hereinafter the same shall apply), and the whole purport of the arguments as a result of the request for appraisal by this court, the following facts may be acknowledged:

① On June 26, 2015, the Plaintiffs completed each registration of transfer of ownership in the names of the Plaintiffs, each of which was based on sale on June 15, 2015, with respect to one-half of each of the 1/2 shares out of E large 248 square meters in Jung-gu, Jung-gu.

② The Defendants are operating a restaurant with the trade name “G” on the F-based ground near the above E land. Of the above E land, the Defendants installed a fence and a signboard for the Defendants’ restaurant operation, and occupied and used the instant land, such as planting trees, on the part of “B” above, connected in order to each point of the drawings 1, 2, 7, 6, and 1 among the aforementioned E land (hereinafter “instant land”).

③ The reasonable rent for the instant land is KRW 1,036,00 from June 27, 2015 to June 26, 2016; KRW 274,00 from June 27, 2016 to September 28, 2016; and the rent is KRW 88,500 per month from September 29, 2016.

According to the above facts, the defendants possessed and used the land of this case owned by the plaintiffs, and interfere with the plaintiffs' exercise of ownership and gain unjust enrichment equivalent to the rent.

Therefore, the Defendants, a joint occupant, jointly collect obstacles to the ground of the instant land from the Plaintiffs, deliver the instant land, and pay the amount of 1,310,000 won from June 27, 2015 to September 28, 2016 (=1,036,000 won) and the amount of 88,50 won per month from September 29, 2016, which are the following day.

2. Judgment on the defendants' assertion

A. As to the claim on the completion of the statute of limitations for possession, the Defendants’ assertion on the land adjacent to the instant land by the deceased H, the father of Defendant C.

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