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(영문) 광주지방법원 2016.05.04 2015나56693
부당이득금반환청구
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant’s KRW 3,018,643 and its interest on August 20, 2015 to the Plaintiff.

Reasons

1. The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, except for the following cases, and thus, this case is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The "49.2 square meters" shall be changed to "49.6 square meters" on 10 2 pages of the judgment of the first instance court.

The "Plaintiff" shall be added to the "Plaintiff (former Trade Name before the change: Taeho Saemaeul Community Depository)" after the second 17th of the judgment of the first instance.

On the three pages of the judgment of the first instance court, “The actual rent by the expected interest rate of the instant land” shall be changed to “the annual actual rent of 391 square meters out of the instant land”.

At the bottom of the decision of the court of first instance, the term "not having any dispute" shall be deleted.

The "decision on the provisional sale" of three pages of the decision of the first instance court shall be changed to the "decision on the permission for sale".

The 6th through 10th of the first instance judgment shall be amended as follows:

2) Therefore, the Defendant is obligated to pay to the Plaintiff the interest or delay damages calculated at the rate of 15% per annum under the Civil Act from August 20, 2015, to May 4, 2016 (the date this judgment is rendered), which is equivalent to the Plaintiff’s share ratio (393/691), among the land rent equivalent to the portion of the instant building among the instant land for the said five years (19,615,00 won x 105.8 square meters x 391 square meters x 393/691 x less than KRW 393/691), and the part of the instant building, which the Plaintiff seeks after the date of unjust enrichment, to the Plaintiff’s return of unjust enrichment for the said five years, from August 20, 2015 to May 4, 2016 (the date this judgment is rendered), to the Plaintiff at the rate of 3,018,643 won per annum from the next day to the date of complete payment [the Plaintiff’s share of this case’s land should be calculated based on the entire 9 years.

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