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(영문) 수원지방법원평택지원 2015.04.17 2014가합9566
토지인도등
Text

1. The defendant

(a) deliver the land listed in Attachment 1;

(b) Appendix 2.

Reasons

1. Indication of claim;

A. The Plaintiff is the executor of the housing site development project in the B district, and the Defendant is the owner of the land indicated in paragraph (1), the building indicated in paragraph (2), and the articles indicated in paragraph (3) (hereinafter “instant land, the instant building, and the instant obstacles”).

B. On December 17, 2013, the Plaintiff acquired ownership by accepting the instant land from the Defendant, and completed the registration of ownership transfer on January 14, 2014.

C. On July 31, 2012, the Plaintiff paid KRW 172,857,780 to the Defendant the compensation for the instant building and obstacles, and the Defendant agreed to remove or move the instant building and obstacles by September 31, 2012.

Although the Plaintiff urged the Defendant to remove or move the instant building and obstacles, the Defendant is also occupying and using the instant land, which is its site without complying therewith.

E. The Defendant is obligated to deliver the instant land to the Plaintiff, leave the instant building, and collect or take the instant obstacles from the building. From January 15, 2014 to the completion of the performance of each of the above obligations, the Defendant is obligated to pay the money calculated at the rate of KRW 3 million per month (based on the management guidelines for the Plaintiff’s lease of land, the standard for land size (land size) x development cost x 5%) with unjust enrichment equivalent to the rent arising from the use of the instant land.

2. Articles 208 (3) 3 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts.

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