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(영문) 서울중앙지방법원 2016.07.18 2016가합507982
부당이득금
Text

1. The Plaintiff:

A. The movable property of the Defendant Co., Ltd. is KRW 146,268,250, and the 8,167,230, and the sn beam incorporation is the Defendant Co., Ltd.

Reasons

1. Facts of recognition;

A. As to each real estate listed in the separate sheet Nos. 1 and 2, the Kimpo-Tech Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) has completed the registration of ownership transfer for the acquisition of public land from the Defendant Co., Ltd.’s movable property (hereinafter “Defendant’s movable property”) on May 19, 2015, and the Plaintiff received the registration of ownership transfer for the reason of trust from the Nonparty Co., Ltd. on the same day.

B. The Defendant’s movable property continues to possess and use the real estate listed in the separate sheet No. 1, and the Defendant’s Dan beam incorporation (hereinafter “Defendant’s Dan beam incorporation”) continuously occupies and uses the real estate listed in the separate sheet No. 2, even after August 1, 2015.

C. Since August 1, 2015, the monthly rent for each real estate listed in the separate sheet No. 1 is KRW 14,626,825, and the monthly rent for the real estate listed in the separate sheet No. 2 is KRW 816,723.

[Ground] The movable property of Defendant Co., Ltd.: The absence of dispute, each entry of Gap 1 and 2 evidence (including a branch number), the appraiser Gap's appraisal result, the entire purport of the pleading, and the sloping beam flow: The confession (Article 150 (3) and (1) of the Civil Procedure Act)

2. According to the above facts of determination, the movable property of the Defendant Co., Ltd. is obligated to pay to the Plaintiff the amount of 146,268,250 won (i.e., 14,626,825 won x 10 months) due to the possession and use of each real estate listed in the attached Table 1 from August 1, 2015 to May 31, 2016, the amount of 8,167,230 won (i.e., 816,723 won x 10 months x 10 months) as well as damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 17, 2016 to the date following the delivery date of the application for change of claim and the cause of claim as of June 10, 2016.

In addition, the movable property of the Plaintiff is the possession and use of the said movable property from June 1, 2016 to June 1, 201, by the end of the occupation of the above Defendant or the day of loss of the Plaintiff’s ownership.

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