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(영문) 서울북부지방법원 2019.04.09 2018가단3318

토지사용료

Text

1. The Plaintiff:

A. From December 8, 2018, Defendant B is located on the ground above 29.79 square meters, among 922,432 won and 493 square meters, which were located on the ground of 29.79 square meters, which was located on the Gyeongbuk-gun, Chungcheongnam-gun.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer on July 21, 2006 and owned the same in the future, for the land of 493 square meters (hereinafter “instant land”).

B. The Defendants owned a building on the ground of the instant land as follows and possessed each part of the instant land as the site.

D 26.38 wooden Roster Housing (Building in 1956) registered in the building register (unregistered) of B 29.79 wooden lux roof single-story Housing (Building in 1956), C 83 wooden Rolate Round Housing (Building in 1957), and registered in the building register (unregistered) building register, such as toilets (building in 1957), and registered in the building register (unregistered) for registration of preservation of ownership of single-story housing (building in 1956) E 26.38 wooden Roster Housing (Building in 1956). < Amended by Act No. 4795, Dec. 5, 1994>

C. There is no agreement between the Plaintiff and the Defendants on the usage fee of the pertinent land. From November 2012, the Defendants paid 200,000 per annum as determined by the Defendants to the Plaintiff in return for the use of the said land. From December 2012, 2012, the Plaintiff notified the increase in the usage fee of the said land.

[Reasons for Recognition] The facts without dispute, Gap's evidence 2 through 4 (including each number), the result of the survey appraisal conducted by the Daegu/Seoul Regional Headquarters of the Korea National Land Information Corporation, the purport of the whole pleadings

2. According to the above facts of recognition, the defendants who own each of the above buildings and occupy and use part of the land of this case as the land of this case are obligated to pay to the plaintiff the amount equivalent to the unjust enrichment from their possession. Thus, the amount of unjust enrichment to be returned by the defendants can be calculated as follows.

A fixed-term rental fee (493 square meters) B (29.79 square meters) C (26.38 square meters) D (26.38 square meters) E (26.38 square meters) December 8, 2012; - December 1, 2013.7, 1,671,670,480 10,957 281,477 89,42489,424 8, 2013. 8.2,059,70 124,405 346,85310,110, 19310, 193; 26.574,1874, 185, 15, 48343,403