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(영문) 서울서부지방법원 2019.08.13 2018가단227486
토지인도
Text

1. The Defendants jointly do so to the Plaintiff

A. At Jeju, the attached map No. 5, 6, 7, 8, 9, 5 out of the area of 2172 square meters for E-fishing grounds.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner who was awarded a successful bid in the F real estate rental auction case with the Jeju District Court for the E-fishing ground (hereinafter “instant land”) at Jeju, and completed the registration of ownership transfer on September 1, 2017.

B. The Defendants are co-owners of the outer water tank (hereinafter “instant water tank”) located outside the ground water tank (hereinafter “instant water tank”) that connects each point of 5,6,7,8,9, and 237.9 square meters in sequence among the instant land.

C. Monthly rent from September 2, 2017 to June 10, 2019 for the land of the instant dispute is as follows:

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 1, Results of entrustment of appraisal to appraiser G, the purport of the entire pleadings

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendants are jointly obligated to remove the instant water section on the ground of the land in question and deliver the land in question to the Plaintiff, who is the owner of the instant land. ② After the date of acquisition of ownership, Defendant B, who is the following day after the delivery of the copy of the complaint in this case, is jointly obligated to pay the land in question at the rate of 15% per annum from September 13, 2018 to May 31, 2019, and 12% per annum from September 2, 2019 to June 10, 2019, which is the sum of the amount of unjust enrichment calculated by the Plaintiff’s purchase of ownership, and the amount of delay damages calculated at the rate of 16% per annum from September 1, 2018 to June 31, 2019; and

(A) As long as the Plaintiff’s removal and the claim for restitution of unjust enrichment are accepted, the part of the conjunctive claim that the Defendants’ legal superficies is sought in preparation for the case where the legal superficies is established shall not be determined separately).

A. The main point of the defendants' assertion is the land of this case and its ground water tank of this case.

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