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(영문) 대전지방법원 논산지원 2018.11.15 2017가단3263
토지인도 등
Text

1. The defendant shall be the plaintiff.

A. The said land is removed by removing one plastic house installed on a 353 square meter above 353 square meters in Seosan-si.

Reasons

Description of Claim

On April 28, 2015, the Plaintiff: (a) each year, KRW 3 million per deposit; and (b) each year, KRW 2.5 million per annum, with the Defendant’s land specified in paragraph (a) (road name address D: Seosan-si; hereinafter “instant land”).

4. 25. Payment, period from April 25, 2015 to April 24, 2016, and leased.

The plaintiff and the defendant agreed to remove the facilities installed after the contract under the above lease agreement.

After that, the Defendant, on the instant land, installed one vinyl, and the said vinyl house remains only in the instant land where vinyl is removed and steel reinforcing structures remain.

On August 2017, the Plaintiff agreed with the Defendant to cover the amount of KRW 3 million from the Defendant’s deposit to April 24, 2017 in full for the Defendant’s repayment of the obligation, including unjust enrichment equivalent to the rent and unjust enrichment.

Therefore, since the above lease contract has expired due to its expiration, the defendant is obligated to remove the vinyl house installed on the land of this case and deliver the land of this case to the plaintiff.

Furthermore, in ordinary cases, the amount of unjust enrichment from the use and profit-making of real estate shall be the amount equivalent to the rent for the relevant real estate, and since it is ratified that the amount equivalent to the rent after the termination of the said lease shall also be KRW 2.5 million per annum, the defendant is obligated to pay to the plaintiff unjust enrichment equivalent to the rent calculated by the ratio of KRW 2.5 million per annum from April 25, 2017, the following day after repayment of unjust enrichment to the plaintiff from April 25, 2017 to the date of completion of the defendant's occupation or the date of

Meanwhile, inasmuch as the Defendant, while occupying and using the instant land, refused to perform the obligation to return unjust enrichment equivalent to the rent accrued continuously and repeatedly as the Defendant occupied and used the instant land, the Defendant’s obligation to return unjust enrichment, which the due date comes from the date of completion of occupation of the instant land or the date of the Plaintiff’s loss of ownership, shall also be fulfilled on its own.

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