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(영문) 서울서부지방법원 2020.12.18 2020가단204011
부당이득금
Text

1. The defendant

(a) 11,145,600 won and the rate of 12% per annum from January 29, 2020 to the date of complete payment.

Reasons

1. Basic facts (including determination on a part of the defendant's dispute);

A. On August 27, 1976, the Plaintiff completed the procedure for the registration of ownership transfer on the ground of public sale on November 9, 200, as the receipt on March 13, 2001 by the office of registration office in the Chuncheon District Court, Seocheon-gu Seoul District Court (hereinafter “the instant land”) and the registration of ownership transfer on April 30, 1991.

B. On the instant land, there is a steel structure on the part (A) of 240 square meters which connects each point of 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, and 33 in sequence among the items indicated in the attached drawings, and a building on the ground of 240 square meters which connects each point of 49, 50, 51, 52, and 49 square meters on the part (B), which connects each point of 36 square meters on the part (B), 53, 54, 55, 56, and 53 square meters on the part (c) which connects each point of 18 square meters on the part (A) to each point in sequence.

The Defendant, while owning the above houses, containers, or steel structures, possesses 2,3, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 32, and 2 of the same drawings among the land in this case, occupies 1,532 square meters in the ship (hereinafter referred to as the “land occupied in this case”).

Therefore, the defendant's argument that only the above (a), (b), and (c) are possessed by the defendant is rejected).

The amount equivalent to the total rent from January 17, 2010 to September 16, 2020 shall be 11,145,600 won, and the amount equivalent to the rent for the present month shall be 94,800 won.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 to 12, the result of a request for appraisal of measurement and rent, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the defendant shall pay to the plaintiff 1,145,600 won and damages for delay calculated at the rate of 12% per annum from January 29, 2020 to the day of full payment, which is the day following the delivery of the complaint (the delivery date claimed by the plaintiff shall be deemed to be a clerical error) to the plaintiff, unless there are other special circumstances.

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