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(영문) 서울중앙지방법원 2020.08.19 2018가단5173046

부당이득금

Text

1. The defendant,

A. 12% per annum from July 15, 2020 to the day of complete payment for the Plaintiff A, (1) 2,403,200 won, and for this, 12% per annum.

Reasons

1. Facts of recognition;

A. Plaintiff A is the owner of Seocho-gu Seoul Metropolitan Government D Forest Land 2886 square meters (hereinafter “land”), and Plaintiff Incorporated Foundation B (hereinafter “Plaintiff Incorporated Foundation”) is the owner of Seocho-gu Seoul Metropolitan Government E Forest Land 7157 square meters (hereinafter “land”).

B. The defendant is currently and partly ordered as per Disposition No. 1.A.

(2) The part of “A” in the ship as indicated in paragraph (1) and the part of “B” as indicated in Article 1.B (2) of the Disposition No. 1.B (2) among the land is occupied and used (hereinafter “B”, and when referring together with “A” part, hereinafter “each of the instant land parts”).

[Reasons for Recognition] The entry of Gap evidence 1 through 6, Eul evidence 1, the result of this court's request for surveying and appraisal of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, unless there are other special circumstances, the defendant, by occupying and using each part of the land of this case, gains profit equivalent to the rent, and thereby causes damages equivalent to the same amount to the plaintiffs who are the owners. Thus, the defendant is obligated to return unjust enrichment from the possession and use of each part of the land of this case to the plaintiffs.

B. Furthermore, with respect to the amount of unjust enrichment to be returned to the Defendant, the amount of unjust enrichment from the possession and use of ordinary real estate is equivalent to the amount of rent for the pertinent real estate. If the purport of the entire pleadings is added as a result of the request for appraisal of rent to F by this court, the sum of rent for “-A” from August 11, 2013 to May 22, 2020 is 2,403,200 won, the sum of rent for “-B” is 4,77,100 won, and the sum of rent for “-B” is 4,777,100 won, and the monthly rent for 2020 won is 29,70 won, 59,100 won for 200 years from 200 to 59,100 for 20 years from 200 to 23, 200 each of the above rent is ratified.

C. Therefore, the defendant, the plaintiff A, and the plaintiff-A.