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(영문) 서울중앙지방법원 2011.08.26 2011나21180

부당이득금반환

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant occupied the land of this case from July 1, 2005 to December 31, 2008, which is owned by the Republic of Korea without entering into a loan agreement or obtaining permission for use (hereinafter “instant land”).

B. The Plaintiff was delegated by the Republic of Korea with the authority to manage and dispose of the instant land, and to preserve and collect claims in accordance with 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 Article 3

C. On April 2010, the Plaintiff imposed indemnity on the Defendant pursuant to Article 51 of the State Property Act and Article 56 of the Enforcement Decree of the same Act on the ground that the Plaintiff occupied the instant land without permission.

(1) The sum of the overdue interest rate of 205.7.1 to December 31, 2006. (549) The overdue interest rate of 205.7.7.1 to December 31, 2006. (549) 6,020 15.6 to May 6, 2007 2,767.1 (1,062) 2,767,909,109,920 920 to December 31, 2007 (365), 772,6015 to 208.46, 205 to 365, 205 to 365, 207, 205 to 365, 2015 to 2008, 2015 to 2010.6, 304, 2004, 2008 to 136.15

D. Calculation loan charges and adjustment loan charges for the instant land from July 1, 2005 to December 31, 2008 are as follows.

(1) The amount of rent to be adjusted for the period of possession (number of days) : (a) 139,200,200,200 m25 m21,754,754,681,689,019; (b) 1,243,840,840,000; (c) 1,205 m28,000,000 or 116 m28,000; (d) 1,240,000; (d) 1,240,000; (e) 1,640,00,00,000; (e) 3,596,00,000,000,000; (e) 1,596,000,000,0003,0000 or more; (e) 1,301,631,207

2. Judgment on the ground of the Plaintiff’s claim

A. The occurrence of the claim for restitution of unjust enrichment