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(영문) 수원지방법원성남지원 2016.09.29 2016가단202304
청구이의
Text

1. It is based on the judgment of Suwon District Court 201Kadan43135 decided August 29, 2013 against the Defendant’s Plaintiff.

Reasons

1. In addition to the content of the duty, etc. to deliver the land subject to recognition, the payment of KRW 35,003,974 was also ordered as unjust enrichment that occurred during the period from February 8, 2012 to February 7, 2012, in addition to the ratio of unjust enrichment from February 8, 2012 to the completion of delivery.

No. 1 440 weeks of land No. 11,826,720 won per land delivery year, 440 weeks of land delivery year, 1,126,870 won per land delivery year, 7,913,200 won per land delivery year, 5,793,420 won per land delivery year, 1,878,80 won per year, 886,840 won per year, 86,825,80 won per land delivery year, 888 won per 2,471,80 won per land delivery year, 3,595,60 won per land delivery year, 7,777,560 won per year.

A. On August 29, 2013, the Defendant filed a lawsuit against the Plaintiff for demanding removal, etc. of a building (this Court Decision 201Ga43135), and received a judgment against the Defendant on August 29, 2013, stating that “the Plaintiff shall transfer each land listed in the separate sheet (hereinafter, in this case, indicated as “the same land” according to the sequences listed in the above list) to the Defendant, and that “the Plaintiff shall remove the first floor, the building with a maximum of 40 weeks, and the vinyl 14 boxes, and shall pay unjust enrichment equivalent to rent,” and the judgment became final and conclusive as it is.

The text of the judgment is as follows.

B. On August 29, 2014, the Plaintiff deposited KRW 168,00,000 with the Defendant as the principal deposit, and paid all unjust enrichment until September 1, 2014 among the unjust enrichment under the subject judgment.

In addition, the Plaintiff additionally deposited KRW 3,000,000 on January 27, 2016, and KRW 3,000,000 on May 19, 2016, respectively.

The amount of less than KRW 10,283,634 won (=1,826,720 won x 626/365 days) calculated on May 19, 2016, at the time of temporary recognition of the Plaintiff’s claim for unjust enrichment from September 2, 2014 to April 22, 2016, as the date of fulfillment of the obligation to transfer the target land, etc. to the date of completion of delivery, shall be discarded.

The same shall also apply to the following:

Land 2 No. 129,67 won on October 13, 2014 (i.e., 1,126,870 won x 42 days/365 days) land No. 3, 2014, Sept. 1, 2014 (i.e., 1,126,870 won)

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