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(영문) 서울중앙지방법원 2015.03.31 2014나56835

부당이득금

Text

1. The judgment of the first instance, including the Plaintiff’s claim expanded in the trial, shall be modified as follows:

The defendant.

Reasons

Basic Facts

The Defendant occupied and used the building site from August 1, 2005 to December 31, 2008, the miscellaneous property owned by the Republic of Korea without entering into a loan agreement or obtaining permission for use (hereinafter “instant land”).

The Plaintiff was entrusted by the Republic of Korea with the authority to manage and dispose of the instant land, etc. and to preserve and collect claims thereof, pursuant to Article 26 (1) 8 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation, Article 42 (1) of the State Property Act, and

The rent calculated under Articles 38(1) and 25(1) of the former State Property Act (wholly amended by Act No. 9401, Jan. 30, 2009; hereinafter the same shall apply) with respect to the instant land from August 1, 2005 to December 31, 2008 is as follows:

(1) The defendant has the duty to return 2,130,00 m2,120 m2,204 m2,205 m24 m20,800 m24 m25,000 from August 1, 2005 to December 31, 2005 (153) (153), 1,700,000 m24 m25,120 (hereinafter referred to as " won") to the plaintiff on the basis of 2,130,000 m24 m2,120,56,000 m24 m2,50,000 m2,30,000 m2,30,000 m2,340,000 m2,506 m36,208 m28,208 m36,2008 m26,208

On November 24, 1982, the Defendant purchased the instant land and its ground buildings from C, and has a legitimate title to occupy the instant land, so the Plaintiff.