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(영문) 서울중앙지방법원 2016.03.25 2015나44372

부당이득금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On September 10, 1963, Korea completed the registration of preservation of ownership as to the Jongno-gu Seoul Jongno-gu B large 581.2 square meters (hereinafter “instant land”).

B. The Plaintiff was entrusted by the Republic of Korea with authority to manage and dispose of the instant land pursuant to Article 26(1)10 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation, Article 42 of the State Property Act, and Article 38

C. On May 19, 2004, the Defendant constructed an unauthorized building on December 31, 2012 on the instant land (hereinafter “one-use land”) and used it until December 31, 2012. On November 24, 2006, the Defendant constructed a 7.45 square meters of the instant land (hereinafter “the instant two-use land”) and used it until May 21, 2008, by combining the instant one-use land with the instant one-use land.

Around May 19, 2009, the Plaintiff notified the Defendant of the payment of KRW 13,649,150 as an indemnity for the possession of the said land from May 19, 2004 to May 18, 2009, and the Defendant did not pay KRW 11,036,860 as an indemnity for possession of the said land from May 19, 2009 to December 31, 2012, but did not pay KRW 11,036,860 as an indemnity from May 1, 2013 to October 24, 2006 to May 21, 208, respectively. < Amended by Act No. 118174, Nov. 24, 2006; Act No. 11954, Dec. 31, 2008>

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 3, Gap evidence 3-1 to 4, Gap evidence 4, and the purport of whole pleadings

2. Determination

A. According to the above facts of recognition as to the occurrence of the obligation to return unjust enrichment, the Defendant constructed a unauthorized building on each of the land occupied in this case and owned it, and each of the above occupied land.