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(영문) 서울서부지방법원 2017.10.18 2016가단236875
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 6,487,171 and the interest rate of KRW 15% per annum from May 16, 2017 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

(a) In full view of each description of evidence Nos. 1 and 2 (including paper numbers), the result of the appraiser C’s request for appraisal, and the purport of the entire pleadings, the following facts can be acknowledged:

1) The Plaintiff is the Plaintiff’s land encompassing 251m2, E, and 26m2,000 square meters (hereinafter “instant land”).

On January 16, 2012, the registration of ownership transfer was completed on January 31, 2012 on the ground of sale by voluntary auction. 2) On the ground of the instant land, multi-household housing with five floors of reinforced concrete structure (hereinafter “multi-household housing in this case”) has been constructed, among them, registration of ownership transfer was completed with F on January 10, 2014 and Defendant’s co-ownership (F 1/2 shares, Defendant 1/2 shares) upon entrustment of registration of compulsory decision of commencement of auction. After that, registration of ownership transfer was completed on the ground of sale by compulsory auction on December 21, 2015.

3) As above, the instant multi-household house is constructed on the instant land. For the period from January 10, 2014 to March 14, 2017, the rent for the use of the instant land was KRW 3,228,340, KRW 301 per 3,587,049, KRW 401 per 3,228,340, KRW 501 per 2,930, KRW 501 per 2,930,614, and KRW 12,974,343. (b) Since it cannot be found that a building site for the instant building is occupied by the owner of the relevant building. In such cases, even if the owner of the building does not actually occupy the building or the relevant site, the Defendant shall be deemed to possess the relevant building site for the period from March 14, 2015 (see, e.g., Supreme Court Decision 2001Da31475, Mar. 14, 20194).

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