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(영문) 대전지방법원논산지원 2019.05.29 2018가합2707
부당이득금
Text

1. The Defendant’s KRW 210,000 and KRW 210,000 among the above money and KRW 210,000 from August 30, 2018, and KRW 3,900,000.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of transfer of ownership on the land listed on the attached Table 1 appraisal map (However, with respect to the land of 4,016/4,050 square meters as to the land of 9,139 square meters in the land of 2,000 square meters in Pakistan-si, and hereinafter “each land of this case”), as to the land of 4,016/4,050 square meters as to the land listed on the attached Table 1 appraisal map, the Plaintiff completed the registration of transfer on the ground of sale on February 20, 201.

B. B. Before the Plaintiff acquired ownership of each of the instant land, the Defendant is occupying each of the instant land by installing mits, mits, mits, and wits, etc. (hereinafter “instant facilities”) on each of the instant land, as shown in attached Table 1.

Detailed details of the instant facilities are as shown in attached Form 2.

C. Each of the instant lands was sold on September 7, 2018 at the voluntary auction procedure based on the previously established collateral security, and the ownership transfer registration was completed on September 7, 2018, including C, etc.

[Reasons for Recognition] Unsatisfy, Gap's statements (including paper numbers; hereinafter the same shall apply) and images, appraiser D's appraisal results, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The Defendant established the instant facilities and possessed the entire land of this case. As such, the Plaintiff ought to return a reasonable amount of rent for each of the instant land to the Plaintiff as unjust enrichment. 2) Since the place where the instant facilities are installed by the Defendant is part of each of the instant land, the place where the Defendant occupied among each of the instant land should be limited to the part where the instant facilities are installed, and unjust enrichment should also be limited to the area where the instant facilities are installed.

B. The possession of the right to claim restitution of unjust enrichment refers to the objective relationship that appears to have a factual control over any person under the social norms, and the issue of whether a factual control relationship exists must be determined according to social norms.

The evidence mentioned above, Gap evidence 8, 10 to 14, and Eul evidence 1.

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