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(영문) 의정부지방법원고양지원 2019.01.16 2018가단83365
토지인도
Text

1. From June 6, 2018, the Defendant shall deliver to the Plaintiff (Appointed Party), the appointed parties C, and D the value of 203 square meters from the Sincho-si from June 6, 2018.

Reasons

1. Facts of recognition;

A. On June 5, 2018, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Appointor C, and D (hereinafter “Appointed”) received a decision to permit the sale of the instant land on the same day and completed the registration of ownership transfer (i.e., shares 1/3).

B. The Defendant is the owner of an unauthorized building on the instant land from before 1985 and resides therein.

Grounds for Recognition: Statement No. 1, Eul evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant occupied and used the land as the owner of an unauthorized building on the instant land, and the Defendant is obligated to pay the Plaintiff and the designated parties unjust enrichment equivalent to the rent as the statutory superficies of the instant land under the Defendant’s assertion, as the owner of the land without permission or the illegal occupant based on the Plaintiff’s assertion.

According to the court’s entrustment of appraisal to the G Appraisal Office (Expert H), the monthly rent of the instant land from June 6, 2018 to the date of the closing of argument in the instant case can be acknowledged as constituting 250,700, and the subsequent monthly rent may be ratified as the same amount.

From June 6, 2018 to the completion date of delivery of the instant land, the Defendant is obligated to pay to the Plaintiff and the designated parties the money calculated by the ratio of KRW 83,560 per month (250,700 x 1/3,00 x less than KRW 1/3,00).

3. The claims of the plaintiff and the designated parties are justified, and they are so decided as per Disposition.

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