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Reasons
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(영문) 의정부지방법원 고양지원 2017.02.03 2016가단77014
부당이득금
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1. The Plaintiff:

(a) Defendant B (1) 9,264,00 won, and 5% per annum from December 31, 2016 to January 3, 2017; and

Reasons

1. Basic facts

A. On July 28, 2015, the Plaintiff acquired ownership of the real estate listed in attached Table 1 (hereinafter “instant real estate”) through a public auction.

B. From September 19, 1988, Defendant B owned the instant building listed in the Annex 2 attached Table 13, 12, 11, 14, 15, 16, 17, 18, 19, 19, and 13 of the instant real estate, the part on the ship (c) part of the attached Table 298 square meters connected in sequence among the instant real estate.

B. From March 16, 2015, Defendant C owns the building stipulated in attached Table 2-B from March 16, 2015, and occupies part (b) of 26,6,5, 4, 7, 8, 9, 10, 11, 12, 13, 23, 24, 25, and 26 of the attached drawings among the instant real estate.

C. From September 6, 1990, Defendant D owned a building listed in attached Table 2-3 of the annexed Table 2-3, and occupied a part (i) in the ship connecting each point of the annexed Map 1, 2, 3, 4, 5, 6, 26, and 1 among the instant real estate in turn.

The amount of rent equivalent to the instant real estate from July 28, 2015 to December 31, 2016, is presumed to be KRW 9,264,00, KRW 8,000, KRW 8,082,60, KRW 300, KRW 9,046,30, and KRW 544,478, KRW 478, and the portion occupied by the Defendant C in possession of the Defendant C, and KRW 531,683, and KRW 531,683, and the portion possessed by the Defendant D in possession of the latter is presumed to be the same.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts, the defendants owned the buildings constructed on the real estate of this case, without any reason, possess each of the corresponding parts of the real estate of this case and gain profit equivalent to the use profit. Accordingly, the plaintiff, the owner of the real estate of this case, suffered loss. Thus, the defendants are the parts of each possession of the plaintiff.

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