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(영문) 서울중앙지방법원 2014.08.14 2013가단5088686

부당이득금

Text

1. The defendant shall be the plaintiff.

(a) KRW 15,53,000, as well as 5% per annum from June 6, 2013 to August 14, 2014;

Reasons

1. Basic facts

A. On November 19, 1984, the Plaintiff is the owner of Seocho-gu Seoul Metropolitan Government B large-scale 552.8 square meters (hereinafter “instant land”).

B. The instant land was adjoining to the non-packaged report located as soon as possible at the edge of the fourth-line vehicular road. However, among the instant land, 14.83 square meters inside the ship connecting each point of the attached table 1, 2, 5, 4, and 1 among the instant land (hereinafter “the part of the instant intrusion”) are not separated from the aforementioned non-packaged report, and was used for many unspecified persons’ traffic.

C. Around September 2006, the Defendant, as part of the project for the improvement of children’s protection zones, installed the sidewalk block on the instant non-packaged reports while carrying out the construction of the sidewalk block.

The amount equivalent to the rent from September 1, 2006 to May 1, 2013, on the basis of the road, is 15,553,00 won in total, and the annual rent thereafter is 1,736,00 won.

[Ground for Recognition: Facts without dispute; Evidence Nos. 1-2, 2 through 7; Evidence Nos. 1 and 2-2; each entry of Evidence Nos. 8-1, 2, 3, 4, and 5; the video of each film of Evidence Nos. 8-2, 3, 4, and 5; the result of an appraisal of rent for appraiser C; the purport of the whole pleadings

2. Determination:

A. The primary claim is seeking the payment of unjust enrichment calculated on the basis of the site as the primary claim. However, in order to calculate the amount of unjust enrichment that a person who occupies another’s land without the title without the title to return to the owner of the land, the basic price of the land should be assessed on the basis of the actual usage state at the time of the commencement of possession by the possessor (see, e.g., Supreme Court Decision 2005Da31736, May 12, 2006). The part of the instant intrusion is the land category and is actually used as a report at the time of the commencement of possession by the defendant, notwithstanding that it is the land category.

Therefore, the plaintiff's primary claim is without merit.

(b)the ancillary claim;