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(영문) 대구지방법원김천지원 2016.01.13 2015가단31045
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) 30,806,813 won and the rate of 15% per annum from October 6, 2015 to the date of complete payment.

Reasons

1. Basic facts

A. On March 22, 1978, the real estate listed in the separate sheet (hereinafter “instant real estate”) was changed from “forest” to “forest.”

B. The Plaintiff and the Defendant completed the registration of transfer of ownership as follows.

Plaintiff 1, on November 23, 1989, 20245, May 24, 1972, 1972, 30/70 shares of Defendant 1210/2804 shares of 384/2804 shares acquired through consultation on November 10, 1989, which were acquired on November 23, 1989 by November 23, 1989.

C. The rent for each period of the instant real estate is as listed below.

Fixed-term rental fees (source) from April 14, 201 to April 13, 2011; KRW 36,342,719; KRW 36,96; KRW 36,505; KRW 355. April 14, 2011 to April 14, 2011; KRW 6,55.6,909; KRW 833: April 14, 2013 to April 13, 2013; KRW 7,280; KRW 604.4. 6,201 to April 14, 2014; KRW 7,651; KRW 376; KRW 35,53; KRW 15,539; KRW 14,505; KRW 1965, May 14, 2015;

D. The Defendant, around 1978, was incorporated into a road and occupied and used the instant real estate.

[Ground of Recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the result of the commission of appraisal to B appraiser offices by this court, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the defendant commenced possession of the real estate of this case owned by the plaintiff as a parent from 1978. Accordingly, the defendant obtained profit equivalent to the plaintiff's share out of the rent and thereby caused damage equivalent to the plaintiff's share to the plaintiff.

Therefore, barring any special circumstance, the defendant shall claim against the plaintiff for unjust enrichment equivalent to the rent corresponding to the plaintiff's share among the real estate in this case from April 14, 2010 to September 30, 2015 (30,806,813 won [the aggregate of 36,342,719 won from April 14, 2010 to June 30, 2015] x 2,098,230 won from July 1, 2015 to September 30, 2015 (69,410 won x 69,410 x 3 months) x 15730/19628 shares, forest below won, hereinafter the same shall apply], and the claim for unjust enrichment in this case.

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