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(영문) 제주지방법원 2020.07.16 2020가단1218
부당이득금반환
Text

1. The defendant shall be the plaintiff.

(a) 1,772,160 won and 12% per annum from March 11, 2020 to the date of complete payment.

Reasons

In full view of the facts without dispute, the evidence submitted by the plaintiff was entrusted to the appraiser B of the court with the appraisal of rent and the whole purport of the pleadings, the real estate listed in the attached Form is owned by the plaintiff, which is currently used as the road managed by the defendant, the total rent for the past five minutes of each real estate listed in the attached Table as of February 25, 2020 is 1,772,160, and the annual rent for the real estate listed in the attached Table 1 thereafter is 350,680, and the annual rent for the real estate listed in the attached Table 2, 63,760, and the annual rent for the real estate listed in the attached Table 3 is 46,020.

Therefore, the Defendant, as unjust enrichment return, shall pay to the Plaintiff the amount of KRW 1,772,160 as well as damages for delay calculated at the rate of 12% per annum from March 11, 2020 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case, to the day of full payment, and (2) from March 12, 2020 to the day of loss of the Plaintiff’s ownership in the attached real estate or from the end of the Defendant’s possession to the day of full payment, the amount of money calculated at the rate of KRW 460,460 per annum from March 12, 2020 to the day of full payment.

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