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(영문) 서울중앙지방법원 2014.12.05 2013가단77254

부당이득금 반환

Text

1. The defendant is against the plaintiffs:

(a) KRW 80,089,139 for each of them and 5% per annum from November 22, 2013 to December 5, 2014;

Reasons

1. Basic facts

A. The Plaintiffs are the right holders of each land listed in the separate sheet (hereinafter referred to as “each land of this case”) and 1/2 of each right holder of each land listed in the separate sheet (hereinafter referred to as “each land of this case”).

B. Around the instant land, the Defendant’s 51 Assistant Soldiers Group 169 Mick Co., Ltd., which is affiliated to the instant land. The instant military unit uses part of “bbb” size 1,52 square meters in the military unit as the site in the military unit, which successively connects each point of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the instant land, as the site in the military unit. Of the instant land 1, the portion of “a” indicated in the same drawings on the instant land, 896 square meters in the same section, and 616 square meters in the aggregate, 616 square meters in the military unit, 200 square meters in the air base, 16 square meters in each traffic, and 139.52 square meters in each of the instant land (hereinafter “each of the instant facilities”) and removed all of the above facilities on May 31, 2013.

Of the instant land 1, the part on the “three-dimensional” portion indicated in the attached drawing No. 2 is used by a neighboring hospital as its site.

[Ground] Evidence Nos. 1 through 4, evidence Nos. 1 through 8 (including paper numbers), the purport of the whole pleadings

2. Determination

A. (1) The Plaintiffs asserted that, since the Defendant occupied and used the entire land of the instant case without permission, the Plaintiffs shall either return the Plaintiff’s unjust enrichment of the rent equivalent to the rent or compensate for damages, from January 1, 2008 to May 31, 2013, with respect to the remaining land excluding the portion of “bb” 1,522 square meters in the attached drawing No. 2 out of each of the instant land from January 1, 2008 to January 31, 2013.

As to this, the Defendants asserted that the area occupied and used without permission is not only 1,522 square meters in the “2” column with the attached drawing No. 2 and 95.52 square meters in the area where each of the facilities of this case is installed.

(2) As to the fact that the Defendant did not have the right to possess and use each of the lands of this case, the parties concerned.