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(영문) 창원지방법원마산지원 2019.05.02 2018가단4850

토지사용료

Text

1. The defendant,

A. The Plaintiff A, 21,850,00 won, and 21,171,155 won among them, shall be fully repaid from November 8, 2018.

Reasons

1. Basic facts

A. On January 25, 201, the Plaintiffs and E purchased approximately 1,231 square meters (hereinafter “instant land”) in the course of the voluntary auction of real estate and jointly owned the instant land (the share of public land Plaintiff A50/100, Plaintiff B23.81/100, and E 26.19/100), and thereafter on November 20, 2014, E sold the shares of the instant land to the Defendant, and on December 2, 2014, E completed the registration of ownership transfer with respect to the instant share to the Defendant on December 2, 2014.

B. On November 24, 2016, the Defendant purchased a building indicated in the indication of the attached building on the instant land (hereinafter “instant building”) during the compulsory auction procedure, and completed the registration of ownership transfer on December 8, 2016.

[Ground of recognition] Evidence Nos. 1-1 and 2-2, the purport of the whole pleadings

2. Determination

A. Comprehensively taking account of the above facts as to the grounds for the plaintiffs' claim, the defendant owned the building of this case on the land of this case owned by the plaintiffs and the defendant, and occupied and used the land of this case. Thus, the defendant has a duty to refund unjust enrichment equivalent to the fees for the use of the land of this case corresponding to the plaintiffs

Furthermore, if the Defendant added the purport of the entire pleadings as to the amount of unjust enrichment to be returned to the Plaintiffs, the Defendant’s appraisal commission to the F appraiser’s office of this court, and the purport of the entire pleadings is as follows: (a) after the date of acquisition of the Plaintiff’s ownership of the instant building, the pertinent land usage fee of KRW 43,70,000 for the Plaintiffs from December 8, 2016 to November 7, 2018, and the monthly usage fee of the instant land as of November 7, 2018 is recognized as constituting 1,947,830; and (b) as of November 7, 2018, the Defendant: (c) KRW 43,70,000 for the Plaintiff; (d) KRW 43,70,000 for the Plaintiff’s share x KRW 50/100 for the Plaintiff’s share A x KRW 21,171,155, a copy of the complaint filed by the Plaintiff A after the delivery date.