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(영문) 광주지방법원 순천지원 2018.04.25 2018가단958
부동산인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From April 1, 2017, the above real estate.

Reasons

1. Facts of recognition;

A. On March 31, 2016, the Plaintiff leased real estate listed in the separate sheet to the Defendant for rent 4,152,720 won per annum, loan period from April 1, 2016 to March 31, 2017.

B. Even after the expiration of the above loan period, the defendant continues to possess and use the above real estate.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to deliver to the Plaintiff the real estate listed in the separate sheet, and return unjust enrichment equivalent to the loan charges calculated by the ratio of 11,377 won (4,152,720 won/365 days, and less than KRW 365 days) per day from April 1, 2017 to the date following the expiration date of the loan period.

[Plaintiff is seeking the payment of indemnity amounting to 120% of loan charges, but it is permitted to file a claim for return of unjust enrichment against a person occupying public property without permission, separate from the imposition and collection of indemnity under the Public Property and Commodity Management Act. However, in this case, the scope of benefits to be returned by a beneficiary is limited to the scope of damages suffered by the loss, and the loss is equivalent to the profit expected to be ordinarily enjoyed from the relevant property by social norms, and the profit which a local government is able to ordinarily enjoy from miscellaneous property is the loan in a case where a loan contract is concluded with respect to the profit, barring any special circumstance, unjust enrichment to be returned by a person without permission of miscellaneous property is equivalent to loan charges (see Supreme Court en banc Decision 2011Da76402, Jul. 16, 2014).

3. The plaintiff's claim for the conclusion is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.

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