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(영문) 대전지방법원서산지원 2015.06.30 2013가단15434
토지인도
Text

1. The Plaintiff:

A. The defendant A indicated in the attached Form No. 2, 3, 4, 22, 21, 20, and 2, among the 4,471 square meters prior to Seosan-si D, Seosan-si.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 4,471 square meters (hereinafter “instant land”) before Seosan-si.

B. Around 2007, pursuant to Article 20 of the Ordinance on the Management of Public Property under the jurisdiction of the Special Accounts for the Educational Expenses of Chungcheongnam-Nam, the Plaintiff made permission for commercial use and profit-making with respect to the size of 833 square meters in the ship that connects each point of the attached Table 2, 3, 4, 22, 21, 20, and 2 among the instant land to Defendant A in sequence, and the period was terminated on July 31, 2008.

C. Defendant A, without the Plaintiff’s consent, constructed a house (hereinafter “instant house”) on the ground of 101 square meters wide from among the instant land, on which the attached appraisal map was indicated on the 3rd section of the Cream section, and installed a dog, mersh, container stuff, container stuff, and stowing (hereinafter “instant installation”).

Defendant B and Defendant C without the Plaintiff’s consent reside in the instant house with the permission of Defendant A.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 4 (including each number in the case of additional number), the result of a request for surveying and appraisal to the branch offices of the Korea Cadastral Corporation, the purport of the entire pleadings

2. Determination

A. According to the above facts, Defendant A, as the owner of the instant housing and installation without any title after July 31, 2008, gains profit equivalent to the profit from the use of the instant land and thereby causes damage equivalent to the Plaintiff. Thus, barring any special circumstance, Defendant A is obligated to deliver the instant land, housing, and installation to the Plaintiff and return the amount equivalent to the profit from the use of the said land to unjust enrichment. 2) With respect to the amount of unjust enrichment to be returned by Defendant A, the scope of profit to be returned to the Plaintiff is limited to the scope of the loss suffered by the victim, and the loss of the victim is equivalent to the profit that the victim is expected to be able to gain the ordinary profit from the relevant property.

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