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(영문) 대구지방법원상주지원 2015.01.14 2014가단1422
토지인도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the 3,000 square meters in the field of residence, each point in attached Form 2, 3, 10, 11, and 2, among the 3,00 square meters in the field of residence.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased each of the above lands and completed the registration of transfer of ownership in the name of the Plaintiff on November 6, 2012, in the compulsory auction procedure with respect to C, 3,000 square meters, D, 180 square meters, E, 1,638 square meters (hereinafter “each of the instant lands”).

B. The owner of each of the instant lands was F, and F was the owner of each of the instant lands, and F was the owner of each of the instant lands.

The vinyl (hereinafter referred to as the “instant vinyl”) was installed on the ground of 1, 3, 5 parts on the ship 1, 5 parts on the ship (hereinafter referred to as “1, 3, 5 parts”).

C. On October 10, 2013, G purchased the said vinyl house in the auction procedure for corporeal movables related to the instant vinyl house owned by F, and the Defendant subsequently purchased the said vinyl house from G.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, the result of a request for surveying and appraisal to the head of the temporary branch office stationed in the Korea Cadastral Corporation (it is reasonable to see that the part of the land where the instant vinyl house was installed is occupied by the defendant), the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant, at the request of the plaintiff, who is the owner of each land of this case, has a duty to remove the instant vinyl installed on the ground 1, 3, and 5 parts on the ground, and to deliver 1, 3, and 5 parts on the ship.

On the other hand, the Plaintiff sought return of unjust enrichment from January 1, 2014 to the completion date of delivery of each of the instant land by occupying the land.

According to the result of appraiser H’s appraisal of rent: (a) as of August 28, 2014, the monthly rent of KRW 71,250, and monthly rent of KRW 71,250, and KRW 180,00,000 for KRW 36,855,00 for KRW 4,50; and (b) monthly rent of KRW 1,638,000 for KRW 1,638,000 for KRW 3,00; and (c) as of KRW 1,983,00 for KRW 1,983 [2,947,3,000 for KRW 71,250 x 4,500 x 89/180 x 36,85 x 1,3231,638, and 1) is recognized.

Therefore, the defendant from January 1, 2014 to the plaintiff 1, 1, 3.

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