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(영문) 전주지방법원 2016.10.18 2015가단27516
토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the land size of 1,623 square meters prior to Jeonju-gun 1,623, attached Table 2,3,4,5,6,7,7,8,9,9,10,11.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on September 13, 2013 with respect to the instant land on the ground of sale by voluntary auction on July 4, 2013, after obtaining the highest bidder’s decision on June 10, 2013 in the auction procedure for D real estate auction in Jeonju District Court (hereinafter “instant land”). The Plaintiff paid 69,019,000 won on July 4, 2013, and completed the registration of ownership transfer on the instant land on September 13, 2013.

B. The Defendant, among the instant land, filled out 2 to 16, and filled out 215 weeks and 193 weeks with respect to the land (A) portion on the ground of 1,576 square meters and 193 weeks with respect to the land on which the appraisal of the instant land was successively connected to each point of the attached Table 2 to 2 to 16, and 2, 16, 17, and 193 weeks with respect to the said appraisal (hereinafter “the instant trees”). The Defendant, while using the land on the part (B) part on the instant land as a road, occupied and used the instant land.

C. Of the instant land, rent from July 4, 2013 to November 17, 2015, on the part of the land (A) part of the instant land, which was successively connected with each point of 2 through 16, and 2, is as listed below.

A lease term rental fee of KRW 2,080,320 from July 4, 2013 to July 3, 2014; KRW 2,127,600 from July 4, 2014 to July 3, 2015; KRW 78,000 from July 4, 2015 to November 3, 2015 ( KRW 197,000 from July 4, 2015 to November 4, 2015; KRW 91,930 from November 4, 2015 to November 17, 2015 (based on recognition); each of the evidence of this court; the appraiser of this court; the result of each of the appraisal of E-F; and the purport of the whole pleadings.

2. Determination

A. According to the above facts of determination as to the cause of claim, it is reasonable to view that the Defendant occupied and used the land of this case by planting trees on the ground of the land of this case, and thereby interfered with the Plaintiff’s ownership, which is the owner of the land of this case, and thereby obtain profits equivalent to the rent for the land of this case and caused damages equivalent to the same amount to the Plaintiff.

Therefore, the defendant collects the trees of this case from the plaintiff, and delivers the land of this case to the plaintiff, unless there are special circumstances.

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