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(영문) 의정부지방법원 2014.04.08 2013가단33171

손해배상(기)

Text

1. The defendant shall be the plaintiff.

(a) 3,172,570 won and 2,630,967 won among them shall be from January 14, 2014, and 541,603 won.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the purport of the entire arguments as to Gap evidence Nos. 1 through 4, Gap evidence Nos. 5-1 through 5, the appraiser C of this court, and the result of each appraisal commission with respect to the Korea Intellectual Property Corporation, the defendant may recognize the fact that the plaintiff owned each of the above part of "A" in the part of "A" connected with the plaintiff's share of 1,719 square meters in order of the attached appraisal Nos. 1, 2, 3, 4, and 1, which are part of the attached sheet Nos. 39.96/9427, which are part of the attached sheet No. 1,719 square meters prior to the Gyeonggi-gun-gun, Gyeonggi-gun, which is the plaintiff's share of 39.96/927.

According to the above facts, the Defendant is obligated to remove each of the above part of “A” and the above part of “A” and the pipe rooms of “B” and the part of “A”, unless it proves the right to possess the above part of “A” and “B” land, and to return the amount of 3,172,570 won as unjust enrichment and damages for delay.

B. However, the Plaintiff claimed damages for delay calculated at the rate of 20% per annum from January 14, 2014 to the date of full payment with respect to the above unjust enrichment amounting to 3,172,570 won, and therefore, this is considered as follows.

First of all, the Plaintiff sought payment of KRW 12,60,000 as the unjust enrichment amount from the date of receipt of the instant complaint until April 23, 2013, and the rent equivalent to the amount of KRW 3,172,570 from the rent appraisal was calculated as KRW 3,172,570 through the rent appraisal, it is clear that the Plaintiff filed a claim for damages for delay of KRW 3,172,570 as well as 20% per annum from January 14, 2014 to the date of full payment under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 14, 2014 to the date of full payment. The application for change of the above purport and cause of the claim was served on the Defendant on February 21, 2014.

(b).