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(영문) 제주지방법원 2017.05.30 2015가단18366
토지인도
Text

1. The defendant shall be the plaintiff.

(a) KRW 1,804,041 and interest thereon shall be 15% per annum from March 21, 2017 to the date of complete payment.

Reasons

1. Return of unjust enrichment:

A. 1) On March 6, 2008, the Plaintiff is deemed to be the Plaintiff’s land of this case (hereinafter “instant land”).

(2) On July 4, 2005, the Defendant completed the registration of ownership transfer with respect to the instant land, and on July 4, 2005, the Defendant is deemed to have completed the registration of ownership transfer with respect to the instant land, D, 278 square meters and the string string string roof, which is one of the instant land and 92.56 square meters

(2) The registration of ownership transfer is completed with respect to the instant building. However, among the instant buildings, the part (A) size of 4 square meters (hereinafter “the instant part”) connected with each point of the attached drawing Nos. 1 through 8, and 1, the instant land is invaded. Of the instant land, the part (B) part (a) and 7 square meters (hereinafter “instant land”) connected each point of the attached drawing Nos. 1 through 7, and 1 are used as a site necessary for the location and use of the instant part of the instant land.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number), the result of each request for surveying and appraisal of the Jeju branch office of the Korea Land Information Corporation in this Court, the purport of the whole pleadings

B. According to the above facts, since the defendant occupies and uses the land in the dispute of this case, it is obligated to return unjust enrichment equivalent to the rent from March 6, 2008, which the plaintiff acquired the ownership of the land in the dispute of this case after the defendant occupied and used the land in the dispute of this case.

2. Scope of obligation to return unjust gains;

A. According to the result of the Defendant’s commission of appraisal of rent for appraiser E with respect to the amount of unjust enrichment to be returned by the Defendant, the fact that the sum of annual rent from March 6, 2008 to December 31, 2016 with respect to the land in dispute in this case constitutes 1,804,041, and the fact that annual rent was 252,440,000 around December 31, 2016, and the subsequent rent is confirmed as the same amount.

B. Therefore, the Defendant’s unjust enrichment amounting to KRW 1,804,041 as unjust enrichment and the instant case.

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