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(영문) 인천지방법원 2017.11.07 2016나10537

건물등철거등

Text

1. The judgment of the first instance, including the plaintiff's claim extended by this court, shall be modified as follows:

The defendant.

Reasons

1. The reasoning of the judgment of the court of first instance for the acceptance of the instant case is as follows: (a) the 1.75 square meters “1.75 square meters” in the third part of the judgment of the court of first instance shall be deemed as “12.1 square meters”; and (b) the 13th through 4th part of the same 3th part (the part of the same 2.b.) shall be deemed as indicated in the reasoning of the judgment of the court of first instance except for each height as shown below; and (c) thus,

B. According to the above facts, the defendant owned the part of the crime of this case by owning the defendant's building of this case. Thus, the defendant is obligated to return the profit from the possession and use of the part of this case to the plaintiff. 2) Furthermore, with respect to the scope of unjust enrichment to be returned to the defendant, it is confirmed that the amount of unjust enrichment from ordinary possession and use of the part of this case is equivalent to the rent. According to the result of appraisal of rent for the first instance appraiser I of this case, the rent equivalent to the part of the crime of this case from March 1, 2005 to March 22, 2016 x 9,072,62 won [2,249,430 won] x 26,430 won x 360 won x 205 x 9,705 won x 206 x 36.5 x 7.25 x 1, 2005 won x 5.75 x 5.25 x 5.25 /7.20