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(영문) 서울고등법원 2017.09.15 2016나2048974
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the next order of payment shall be revoked, and that part shall be revoked.

Reasons

. From July 20, 201 to July 21, 2010, the annual rent of Attached 5,6 from July 21, 2010 to the time of filing an action is recognized as constituting a total of KRW 178,190,00 as shown below 2. From July 21, 201 to July 20, 201; KRW 306, 70, 80, 60, 60, 70, 80, 60, 60, 60, 60, 70, 60, 60, 60, 60, 60, 70, 60, 60, 60, 70, 106, 70, 106, 60, 60, 60, 605, 70, 205, 206, 107, 605, 2014.

In accordance with the above facts, according to the basic price (a)(b) of the table 3-a(b) and the expected rate of expectation of item (c) of the period period (a) * Attached 1,310,166,00 17,504,504, attached 677 attached Table 6 1,358,786,000 18,154,272 35,658,949 * 949 * 5,658,949 * 5,000,000,000 1,310,166,000 x (b) x (c) x 5,000 x 6,000 x 6,000 x 6,000 x 6,000 x 6,000 x 5,000 x 5,00

However, the defendant is a malicious beneficiary since he occupied and used the above land as a road site without due process.

Therefore, there is a duty to pay the above unjust enrichment in addition to the statutory interest after the date on which the benefit was obtained.

With respect to the annual rent for attached Forms 5 and 6 as indicated in the “total sum by period” column of Table 2, an annual interest rate of 5% prescribed by the Civil Act shall be calculated by July 29, 2015, which is the service date of a copy of the complaint in this case.

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