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(영문) 대구지방법원 2015.05.29 2013가단60019
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) the delivery of each land listed in the separate sheet;

B. 11,026,238 won and October 21, 2013

Reasons

1. Claim for the land specified in paragraph (1) of the attached Table;

A. Determination as to the cause of the claim 1) In full view of the purport of Gap evidence No. 1-1 and the entire pleadings, the land listed in attached Table No. 1 (hereinafter “instant land”) shall be deemed as the land listed in attached Table No. 1 (hereinafter “instant land No. 1”).

(2) On March 18, 1965, the Plaintiff had a duty to transfer ownership on the ground of sale on May 10, 1956, and the Defendant at least recognized the fact that the land category of this case was changed from before to “road” to “road” from January 14, 200 to the date of closing the argument in this case. According to the above facts, the Defendant is obligated to deliver the land of this case to the Plaintiff, barring any special circumstance, and return the unjust enrichment already occurred from the Defendant’s commencement of the occupation and management of the said land to the date of closing the argument in this case without legal title. As long as the Defendant is disputing the occurrence of unjust enrichment, it is necessary to file a prior claim against future unjust enrichment after the date of closing the argument. 2) The amount of unjust enrichment is the amount equivalent to the amount of profit from the occupation and use of the said real estate.

In full view of the results of the appraisal commission of the appraiser B and the purport of the entire pleadings by the court, the land category shall be deemed to be the road, and the basic price of the object at the time of the hostile method price (referring to the base date for the calculation of the rent, and in this case, the appraiser shall have the first day of each lease period as the base date) shall be calculated by multiplying the amount to be calculated by multiplying the expected interest rate, by the method of calculating the rent by adding the expenses necessary for the continuous lease of the object, the rent for the first land of this case, which is calculated by adding the expenses necessary for the continuous lease of the object, shall be 3,268,000 won from December 21, 2002 to October 20, 2013, is the detailed statement as follows:

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