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(영문) 서울중앙지방법원 2011.12.14 2011가단212251

부당이득금반환

Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 56,692,628 and 20% per annum from September 27, 2011 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff was established pursuant to the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation, and was entrusted with the management and disposal authority under Article 42 of the State Property Act and Article 38 of the Enforcement Decree of the same Act with respect to the size of 373.8 square meters

B. The Defendant, without any authority, occupies and uses 55.4 square meters and 41.1 square meters of the above land as the site for the Defendant’s building without permission. On March 10, 2010, the Defendant did not pay a total of KRW 49,693,600, and KRW 18,06,470 for the 41 square meters of the above land, as compensation for the 55.4 square meters of compensation under the unauthorized Possession (from February 8, 2005 to February 7, 2010) from the Plaintiff.

C. Meanwhile, among the above land occupied by the Defendant without permission, the rent calculated at an amount equivalent to 2.5% per annum of the officially announced value pursuant to Articles 47 and 32 of the State Property Act and Article 29 of the Enforcement Decree of the same Act shall be as indicated in the attached Table if the rent is adjusted to an amount equivalent to 5.4m2 and 41.

[The rate of use shall be governed by Article 2 of the Addenda of the former Enforcement Decree of the State Property Act (Presidential Decree No. 13036 of Jun. 30, 1990)]. 【The ground for recognition】 subparagraphs 1 through 4, and the purport of the whole pleadings.

D. Therefore, the Defendant is obligated to refund to the Plaintiff the sum total of KRW 56,692,628, and damages for delay calculated at the rate of 20% per annum from September 27, 2011 to the day of full payment, which is the day following the delivery of a copy of the application for modification of the purport of the instant claim sought by the Plaintiff, to the day of full payment, that the Plaintiff is within the scope of unjust enrichment equivalent to the rent that occurred during the period from February 8, 2005 to February 7, 2010, which was sought by the Plaintiff.

2. The judgment of the defendant on the defendant's assertion was obtained in accordance with the Act on Special Measures for the Adjustment of Specific Buildings and registered in the building ledger, and thus the right to use the above land has been granted for not less than 10 years.