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(영문) 부산지방법원 2020.09.25 2019나64983
부당이득금
Text

The part against the plaintiffs falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

Reasons

1. The reasoning for the court’s explanation as to the existence of the underlying facts and the right to claim the return of unjust enrichment is the same as that of the judgment of the court of first instance (Article 1 and 2). Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Scope of claim for restitution of unjust enrichment

A. In ordinary cases, the amount of profit from the possession and use of real estate shall be the amount equivalent to the rent of the real estate. According to the result of the court of the first instance’s entrustment of appraisal of rent to appraiser X and the purport of the entire pleadings, among the land in this case, the monthly rent corresponding to the plaintiffs’ share among the land in this case may be recognized as the same facts as the stated in the “monthly rent” column in the attached Table, and accordingly, it is evident that the sum of the rent from April 12, 2012 to December 14, 2018 and the interest that the plaintiffs seek to seek is the same as the stated in the “written rent” column in the attached Table.

Therefore, barring special circumstances, the defendant is to return unjust enrichment from the occupancy and use of the land of this case to the plaintiffs. ① The "amount of claim by plaintiff" in the attached Table No. 1 as stated in the annexed Table No. 1 as stated in the judgment of the court of first instance among the respective amounts stated in the annexed Table No. 1 as stated in the "amount of claim by plaintiff" is reasonable to dispute over the existence and scope of the defendant's duty of performance from July 5, 2019 to Oct. 29, 2019, the date following the delivery date of the application for modification of the purport of claim of this case as stated in the attached Table No. 1 as stated in the attached Table No. 1 as stated in the judgment of the court of first instance, which is the date of the judgment of the court of first instance, until Oct. 29, 2019, which is the date of the judgment of the court of first instance, as stated in the attached Table No. 1 as stated in the above "amount of claim by plaintiff".

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