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(영문) 서울서부지방법원 2017.03.09 2016가단219528
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 5,414,543 and the interest rate of KRW 15% per annum from December 31, 2016 to the date of complete payment.

Reasons

1. Determination as to the Plaintiff’s claim: ① Acquisition of 1/8 shares of the real estate stated in the order on March 4, 2015 and March 23, 2016, each of which is one/4 equity right holders of the above real estate; ② the Defendant occupies or uses the above real estate from 202 to December 20, 2016; ③ the rent of 5,414,543 won from March 5, 2015 to December 20, 2016; the rent of 356,750 won from December 21, 2016 to December 35, 2016 does not conflict between the parties; or the purport of the Defendant’s claim for damages for delay calculated from 201 to 25% of the title and use of the above real estate; and thus, the Defendant’s claim for damages for delay calculated from 201 to 25.16% of the title and amount equivalent to 25% of the above real estate; and 15.25% of the foregoing shares.

2. The defendant's assertion is alleged to the purport that the defendant's use or profit-making without completing the registration of transfer of ownership after acquiring the real estate mentioned in the order E, and the defendant acquired all rights to the real estate from E while divorced from E, so it cannot accept the plaintiff's claim. However, the defendant's above argument alone is insufficient to reject the plaintiff'

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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