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(영문) 울산지방법원 2020.11.24 2018가단17487
토지인도 등
Text

The Defendant, as the Plaintiff

A. Of the 9,609 square meters of C forest land in Gyeyang-si, attached Table 1 appraisal shall be marked as 71, 70, 56, 72, and 71, respectively.

Reasons

1. Facts recognized;

A. The forest land of this case (hereinafter “the forest land of this case”) in Yangsan-si is owned by the Plaintiff from May 18, 201.

B. Among the forest land in this case, part of 63 square meters on board which the Defendant successively connected each point of the attached Table 61, 67, 68, 69, 55, 70, 56, 72, 57, 58, 58, 59, 60, and 61, among the forest land in this case, connected each point of 63 square meters on board (hereinafter “part of the land in this case”), among them, connected each point of 71, 70, 56, 72, and 71 of the attached Table 71, 70, 76, 77, 77, 68, 69, 65, 70, 71, 72, 57, 58, 59, 60, 61, 60, and 61 of the land in this case, shall be used as the site for the building in this case as the site for the building, the remaining parking lot in this case.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 3, Results of a request for appraisal of cadastral surveying by the President of both Mountainous Districts of the Korea Land Information Corporation, the purport of the entire pleadings

B. In light of the facts acknowledged above, the Defendant, the owner of the forest of this case, removed the sidewalk block and the building installed on the ground of 63 square meters of land in part of the instant case, and transferred the part of the instant land to the Plaintiff, who is the owner of the instant forest, and has the duty to return unjust enrichment equivalent to the profits from the use of 63 square meters of land in part of the instant land. 2) Then, the Defendant is obliged to return unjust enrichment to the Plaintiff.

A) In ordinary cases, the amount of profit from the possession and use of real estate is the amount equivalent to the rent of the real estate. B) In accordance with the result of the commission of appraisal of rent for certified public appraisers D by this court, the Defendant’s possession and commencement of use of part of the instant land from August 10, 2018 to August 9, 2019 can be recognized as facts constituting 171,990, and it is reasonable to determine that the rent thereafter can be ratified as the same amount.

C. Therefore, the amount of unjust enrichment to be returned by the Defendant to the Plaintiff is from August 1, 2018, the beginning date of the Plaintiff’s application.

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