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(영문) 서울서부지방법원 2018.08.16 2017가단3263
토지인도
Text

1. The Defendants are to the Plaintiff:

A. Of the area of 678 square meters in Seodaemun-gu Seoul Metropolitan Government D, each point of the attached Form No. 5, 6, 7, 8, and 5 is indicated.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer based on a sales contract on December 20, 2016 with respect to the land of Seodaemun-gu Seoul Metropolitan Government D (hereinafter “instant land”) on December 13, 2016.

B. There exists a building owned by the Defendants over a part of the instant land, and the part on which the Defendants’ co-ownership was successively connected to each of the items in the attached Form 5, 6, 7, 8, and 5, and the part on which the Defendants’ co-ownership was successively connected to each of the items in the (i) section 8, 7, 9, 10, 11, 12, 13, 3, and 8, and each of the items in the (b) section 1, 18, 19, 20, 6, 5, 2, and 100 square meters of the same drawings, and the stairs and access roads installed on the ground in the (c) section 6 square meters of the same drawings (hereinafter referred to as “each of the instant disputes”) are referred to as “the parts of the instant building” and the Defendants’ co-ownership and stairs, etc. on each of the above lands are referred to as “the parts of the instant building”).

[Ground of Recognition] Facts without dispute, entry and video of Gap 1, 2, and 6 (including a branch number; hereinafter the same shall apply)

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the Defendants violated the Plaintiff’s ownership by occupying each of the instant dispute land, such as possessing the instant building parts over a part of the instant land owned by the Plaintiff, etc., and thus, the Plaintiff may seek the exclusion of disturbance against the Defendants.

Therefore, barring any special circumstance, the Defendants, barring any special circumstance, remove the parts of the instant building to the Plaintiff, deliver each of the instant disputes to the Plaintiff, and return the amount equivalent to the profits from the possession of the land in each of the instant disputes, as unjust enrichment.

Furthermore, the scope of return of unjust enrichment is examined as to the scope of return of unjust enrichment, and the amount of profit from the possession and use of real estate in ordinary cases is equivalent to the rent of the real estate, and according to the result of this court's entrustment of appraisal of rent for appraiser E.

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