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(영문) 서울중앙지방법원 2019.07.26 2018가단5240243
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) The rate of KRW 15,985,135 and the rate of KRW 14,293,218 among them shall be from July 27, 2019 to the date of full payment.

Reasons

The Plaintiff was awarded a successful bid of 8050m2 (the instant forest) in Gyeonggi-gun, Gyeonggi-do, and completed the registration of ownership transfer on January 20, 201.

Since around 1978, Cratium belonging to the Defendant installed and used military installations, such as dust and transportation, in the forest of this case. The installation status is the same as the indication of concrete mitts, mitts, lines, traffic hos, etc., and the installation area is 519 square meters in total.

[Reasons for Recognition: A. 1 through 3, A. 1, B. 2, the result of the commission of surveying and appraisal, the purport of the entire pleadings] According to the above facts, the defendant occupies and uses the forest of this case without title (it is reasonable to consider that the whole forest of this case is occupied and used in full view of the form and area in which military installations are installed). Thus, the defendant is obligated to return unjust enrichment.

The defendant asserts that the use of the defendant's possession should be subject to the high level of public nature as national security, and that the plaintiff also accepted the restriction on ownership by acquiring the forest of this case with the knowledge of possession by the defendant, so the amount of unjust enrichment should be reduced. However, the plaintiff's right to use the forest of this case

The amount equivalent to the rent for the forest of this case shall be as shown in the attached Form as a result of the appraisal of rent.

(Ground: Results of appraisal of rent). Among them, the amount equivalent to the rent from November 13, 2013 to May 19, 2019, and damages for delay calculated by 5% per annum from the date following the end of each relevant period to the date this judgment is rendered (the claim for damages for delay prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings shall be accepted from the day following the day this judgment is rendered) are as listed in the following table:

The amount of compensation for delay claimed during the period from November 13, 2013 to January 19, 2014, KRW 354,310 (annual KRW 1,901,813) KRW 97,750, Jan. 20, 2014 to January 19, 2015; KRW 479,607, Jan. 20, 2015 to January 19, 2016; KRW 469,022 won from January 20 to January 19, 2016; KRW 563,535,35,97; KRW 479,60; and KRW 479,635,97; KRW 19,79,79, Jul. 19, 2017;

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