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(영문) 수원지방법원안산지원 2020.02.19 2019가단10880
건축물 철거 및 토지인도
Text

1. The defendant shall be the plaintiff.

(a) Of the 3,201 square meters of Sinung-si, Category 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 1, each of the annexed drawings.

Reasons

The Plaintiff purchased the said real estate in the public sale procedure for C, 3,201 square meters in Si-si, Si-si, and the same year on September 18, 2018.

7.2. The fact that the registration of ownership transfer based on the sale on September 18, 2018 was completed, and the Defendant owned a building, etc. on the ground of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 1 among the above land before September 18, 2018, and the fact that the land in this case is occupied and used is not in dispute between the parties, or that the fact that the land in this case is being occupied and used is not in dispute between the parties, or that the fact that the land in this case is being occupied and used is recognized by comprehensively taking account of the entire purport of the pleadings as a result of a request for measurement and appraisal with respect to the head of the Gyeonggi District Headquarters of the Korea Land Information Corporation, which

Therefore, the Plaintiff acquired the ownership of the above land on September 18, 2018, and the Plaintiff did not acquire the above land in the public sale procedure under the disposition on default. Thus, Article 77(1) of the National Tax Collection Act does not apply.

Since the defendant without a legitimate title owns and occupies the building on the above land, the defendant is obligated to remove the building on the above land owned by the defendant, deliver the above land, and pay unjust enrichment equivalent to the rent arising from the possession and use of the above land after the date of the plaintiff's acquisition of ownership.

As to the scope of the return of unjust enrichment, comprehensively taking account of the purport of the entire pleadings as a result of the request for appraisal of rent against appraiser D by this court, the amount equivalent to the monthly rent of the instant land from August 24, 2018 to August 23, 2019 shall be KRW 244,950, and the amount equivalent to the monthly rent from August 24, 2019 may be recognized as constituting 257,600, and the amount equivalent to the monthly rent from August 24, 2019 shall be confirmed as the same amount, barring any special circumstances.

Therefore, the Defendant’s unjust enrichment amounting to the Plaintiff from September 18, 2018 to August 23, 2019, is 2,741.

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