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(영문) 대전지방법원 서산지원 2018.08.21 2018가단50968

부당이득금반환

Text

1. The defendant shall be the plaintiff.

(a) 17,831,161 won and 15% per annum with respect thereto from August 2, 2018 to the date of complete payment.

Reasons

1. In full view of the following: (a) the Plaintiff owned each parcel of land listed in the separate sheet No. 1 from February 9, 2006 to the entire purport of the pleadings, and (b) the Defendant owned real estate listed in the separate sheet No. 2 on each parcel of land listed in the separate sheet No. 1 since the Plaintiff acquired the Plaintiff’s ownership, and (c) possessed 146.18 square meters of each of the above parcels of land.

According to the above facts, the defendant is obligated to return the rent equivalent to the above occupation portion to the plaintiff as unjust enrichment.

2. Scope of return of unjust enrichment (based on recognition: Evidence A No. 5).

A. Following the Plaintiff’s request, see attached Table 3, i.e., the amount equivalent to the rent for the part occupied by the Defendant from February 2, 2008 to July 13, 2018, i.e., the rent from February 2, 2008 to April 3, 2008, from February 2008 to April 3, 2008, as the Plaintiff seeks, 209,320 won by multiplying the monthly rent from April 4, 2007 to April 3, 2008 by 104,460 won from April 3, 2008; and ii) the rent from April 4, 2018 to July 13, 2018 by the remaining amount of rent from August 13, 2018; and (iii) the rent from April 13, 2018 to August 13, 2015; and

156,120 won per month equivalent to the rent of the part occupied by the defendant after July 14, 2018

3. The plaintiff's claim is justified within the scope of the above recognition. Thus, the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.