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(영문) 서울북부지방법원 2019.08.13 2017가단2950
부당이득금반환
Text

1. The defendant shall be the plaintiff.

(a) Attached Table 7, 8, 9, 31, 30, 29, 28, 28, among the 13,590 square meters of Sucheon-si E orchard.

Reasons

1. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) the survey and appraisal of Gap evidence Nos. 1 to 5; (c) the result of the survey and appraisal commission by this court for the Korea Land Information Corporation; (d) the results of the appraiser F’s fee appraisal; and (e) the overall purport of the pleadings by the Korea Land Information Corporation and the appraiser F; and (e) some entries and images of Eul evidence No. 12 do not interfere with

On August 8, 2006, the Plaintiff purchased a 13,590 square meters of E orchard in a voluntary auction procedure and completed the registration of ownership transfer on September 11, 2006.

B. From February 9, 2007, before the time when the Plaintiff sought return of unjust enrichment, the Defendant, without good cause, installed and used a livestock shed on the 217 square meters of land attached to the instant real estate, which had been connected with each of the items in Appendix Nos. 7, 8, 9, 31, 30, 29, 28, and 7, and installed and used a livestock shed on the 217 square meters of land attached to the instant real estate, and on the 30, 31, 32, 33, 33, 34, 35, 36, and 30 square meters of land attached to the said real estate, which had been connected with each other in sequence from February 9, 2007 by the Defendant from February 9, 2007 to May 23, 2018.

In addition, the Defendant occupied and used the portion of 514 square meters in the ship which connects each point of the attached Table 3, 4, 5, 6, and 3 with the appraisal content of 104 square meters in sequence, such as 8, 9, 10, 11, 12, 35, 34, 33, 32, 31, and 8, as a site for a pasture, and occupied and used the portion of 514 square meters in the ship which connects each point of 35, 12, 13, 14, 15, 36, 34, and 35 square meters in sequence. The Defendant occupied and used the portion of 221 square meters in the ship, which connects each point of 35, 12, 13, 14, 15, 36, and 35.

C. Attached appraisal is also KRW 9,713,90 for rent from February 9, 2007 to February 8, 2017, KRW 2,740,380 for rent from February 9, 2017 to January 10, 2019 for part 104 square meters in part 104 square meters, part 514 square meters in 30 square meters, part 514 square meters in 421 square meters in 421 square meters in total, and KRW 120,792 for each month after January 11, 2019.

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