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(영문) 춘천지방법원강릉지원 2015.09.01 2015나5122
건물등거 및 토지인도와 위험예방
Text

1. Upon receipt of a claim for change in exchange at the trial, the Defendant shall:

(a) KRW 877,739 and as regards it, April 2015.

Reasons

1. Basic facts

A. The Plaintiff is a 1/2 equity right holder (a/6 share on July 27, 2004, which was registered for the transfer of ownership on 1/6 share due to inheritance on July 27, 2004, but acquired 1/6 shares from two of the remaining co-owners each on July 27, 2004).

B. The Defendant constructed a 4-story building (hereinafter “instant building”) on the ground adjacent to the instant land, as shown in the drawings of the present state of surrounding land attached Table 1, and completed registration of ownership preservation on October 29, 1983 in its name.

Of the instant buildings, the right-hand column part of the instant building is located on the ground of one square meter in a ship (hereinafter “instant dispute land”) connected in sequence with each point of the attached Table 1, 2, 6, and 1 among the instant land.

C. The amount equivalent to the rent for the land in this case is the sum of KRW 1,755,479 from January 1, 2005 to June 30, 2015, and KRW 174,230 per annum from July 1, 2015 (the amount calculated by converting the rent of KRW 86,399 from January 1, 2015 to June 30, 2015).

【In the absence of dispute, there is no ground for recognition; Gap evidence 1-1-6; Gap evidence 2-3; the result of the survey and appraisal conducted by the appraiser E of the first instance trial; the result of the survey and appraisal conducted by the appraiser F of the trial appraiser E; the purport of the entire pleadings

2. Determination

A. According to the above facts, the defendant, by June 30, 2015, obtained profits from the use of the land in the dispute of this case while occupying and using the land in the dispute of this case until June 30, 2015, and thereby, suffered losses equivalent to the same amount to the plaintiff.

Therefore, the plaintiff is obligated to return unjust enrichment equivalent to the profits from the use of the land in the dispute of this case to the plaintiff.

Furthermore, with respect to the amount of unjust enrichment to be returned, the amount equivalent to the rent corresponding to the period during which the Defendant occupied the land in the dispute of this case was the total sum of rent from January 1, 2005 to June 30, 2015, and the facts constituting 1,755,479 from July 1, 2015 and the facts constituting 174,230 from July 1, 2015 are as seen earlier, and according to the above facts of recognition, the Defendant is the defendant.

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