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(영문) 대구지방법원 김천지원 2017.01.18 2016가단3658
지료청구
Text

1. The Defendant shall pay to the Plaintiff KRW 59,045,631 and the interest rate of KRW 15% per annum from January 19, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On April 4, 1995, the Plaintiff and the Defendant completed the registration of initial ownership relating to one-half of each of the real estate listed in the separate sheet (hereinafter “instant land”) on April 4, 1995, and each of the real estate listed in the separate sheet (hereinafter “land”).

B. The Defendant occupied the entire land of this case from around 1995 to February 19, 2016 and used it as orchard.

C. On June 12, 2015, a forest land of 16,017 square meters in Kimcheon-si (hereinafter “C land”) left D forest land of 14,794 square meters (hereinafter “D land”) by dividing it into June 12, 2015.

The plaintiff filed a lawsuit against the defendant in this Court No. 2013da13029, and divided the land and C as owned by the plaintiff, and the land and D as owned by the plaintiff, No. 2, 4, 3, 5, and 8, and D as owned by the defendant.

‘The decision of compulsory adjustment' became final and conclusive on May 14, 2015.

E. On June 12, 2015, the Plaintiff received the registration of transfer of ownership based on a decision in lieu of conciliation on May 14, 2015 with respect to each one-half portion of the land and the land set forth in 2, 4 and 1/2 from the Defendant on May 12, 2015. On October 28, 2015, the Plaintiff completed the registration of transfer of ownership based on donations on October 13, 2015 with respect to each one-half portion of the land set forth above.

F. On March 15, 2016, the Plaintiff completed the registration of ownership transfer on February 19, 2016 with respect to one-half share of land and one-half share of land set forth in 3, 5, and 8, respectively, to the Defendant on March 15, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4 and 5 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the fact that the obligation to return unjust enrichment was established, the Defendant, one of co-owners, who solely occupied and used the entire land of this case as a sole owner, barring special circumstances, shall be the Plaintiff, and the amount equivalent to 1/2 of the rent for the instant land from June 19, 2006 to October 27, 2015, as the Plaintiff seeks.

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