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(영문) 창원지방법원 2016.11.24 2015나11513

지료

Text

1. According to the Plaintiff’s expansion of the purport of the claim in the trial, the judgment of the first instance is modified as follows.

2. The Plaintiff

Reasons

(b)be obligated to return unjust enrichment equivalent to each land portion.

2) According to the result of the appraisal by the appraiser E of the first instance trial, the annual rent for the use of the portion of the site No. 101 and No. 201 out of the instant site from November 2, 2011 to November 1, 2015, which is the date of acquisition, shall be as follows; and the annual rent for the period from November 2 to November 1, 2016, from November 2, 2014 to November 1, 2015, shall be confirmed as equivalent to the annual rent for the period from November 2, 2015 to November 1, 2016, and the annual rent for the use of the site portion of No. 101 out of the instant site shall be deemed as the annual rent for the period from November 2, 2014 to November 1, 2015, which is the date of closing the conclusion of the party trial.

The annual rent (won) of Defendant C 101 owned by Defendant C 201 between November 2, 201 and November 1, 2012, 3,696,300 3,696,300 to November 2, 2012, 4,906, 200 4,906, 906, 206, 200 4, 906, 201 to 205, 16, 205, 16, 208, 205, 16, 205, 205, 16, 205, 205, 205, 16, 205, 205, 16, 205, 16, 205, 16, 205, 16, 205, 16, 205, 16, 2014.

In general, in cases where the owner of a building located on the land owned by another person calculates the amount of unjust enrichment equivalent to the rent of the land to be returned to the owner of the land by occupying the land without any legal cause, the circumstances where the right to use the land is restricted by the building located on the land, barring special circumstances, need not