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(영문) 수원지방법원안양지원 2016.04.27 2015가단103669
부당이득금
Text

1. The Plaintiff:

A. Defendant B shall pay 6,190,800 won and 15% per annum from October 8, 2015 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. In fact, the Plaintiff completed the registration of ownership transfer on June 24, 201 with respect to the land of Bupyeong-gu Incheon Metropolitan Government E and F.

With respect to G land and buildings adjacent to the said land (hereinafter “instant building”), Defendant B (3/5 shares), C (2/5 shares), and Defendant D completed each registration of ownership transfer on September 24, 2003, and June 2, 2014.

In addition, the parts of the building of this case, which are installed in the main part of E in excess of the G land, are installed in the subordinate part of E’s land, as follows, and in addition, it is used as the access road and the site of E and F’s land.

[Ground of recognition] A without dispute, entry of evidence Nos. 1-4, result of appraiser H’s survey and appraisal, the purport of the whole pleadings

B. The Defendants, by owning the instant building, possess or currently occupy part of the E, F land, which is the relevant land, e, e, ar, e, bbb, soc that the cause of the occurrence.

The Plaintiff, as the owner of E and F land, may file a claim for the removal of disturbance with Defendant D, who occupies the said land. Thus, Defendant D, barring any special circumstance, has the duty to remove the above ground part of the land and stairs facilities, and to deliver the part of the E, F land, e, e, and e, e, e, and f,

In addition, the Defendants were obligated to return the land owned by the Plaintiff to the Plaintiff as unjust enrichment because they occupied the land owned by the Plaintiff, obtained a profit equivalent to the profit from the use, and thereby incurred a loss equivalent to the same amount to the Plaintiff.

From June 25, 2011 to September 30, 2015, the day following the date when the Plaintiff acquired the Plaintiff’s ownership, calculated each unjust enrichment during the period of possession of the Defendants, the following table is as follows, and the amount equivalent to the monthly rent of the occupied portion after June 2015 is KRW 309,155.

[Grounds for recognition: Results of appraiser I's appraisal of rent] Therefore, the plaintiff (However, the quoted amount is the amount claimed by the plaintiff within the following table); Defendant B is the 6,190,800 won; Defendant C is the 4,130,500 won; and each of the following cases on September 24, 2015.

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