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(영문) 대구지방법원안동지원 2015.01.14 2014가단20417
부당이득금 등
Text

1. The defendant shall be the plaintiff.

(a) KRW 2,796,552 as well as 5% per annum from April 1, 2014 to January 14, 2015; and

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as a result of a request for surveying and appraisal with respect to Gap's evidence Nos. 1 through 6 (including a branch number), and with respect to the branch offices of the Korea Cadastral Survey and appraisal of the Korea Cadastral Survey Corporation, the Plaintiff purchased one-2 shares out of 746m2 in Ansan-si, Dong-si, Dong-si, 2006, and completed the registration of ownership transfer. On November 18, 201, the Plaintiff purchased 1/2 shares out of 746m2 and completed the registration of ownership transfer. From November 15, 2006, the Defendant acquired 1/2 shares out of 746m2 and completed the registration of ownership transfer. From the date of November 15, 2006 to the date of the appraisal and appraisal of the instant land, each of the aforementioned parts of the instant land connected with each of the said land under [Attachment 2, 3, 4, 7, 9, 10, 14, 16 and 14].

(1) The Plaintiff is obligated to return the amount equivalent to the above profits from use as unjust enrichment to the Plaintiff, since the Defendant merely manages the land of this case under delegation by the Rearrangement of Agricultural and Fishing Villages Act and does not possess it, but there is no evidence to acknowledge the delegation. According to the above findings of recognition, the Defendant has the duty to return the amount equivalent to the above profits from use as unjust enrichment to the Plaintiff, since the Plaintiff obtained possession and use of the land of this case not later

Furthermore, the amount equivalent to the profit from the use of land is ordinarily equivalent to the rent for the land, and according to the result of the commission of appraisal of rent for appraiser C by this court, the rent for the land in this case from March 7, 2009 to December 31, 2009, which is the date when the Plaintiff seeks, shall be 484,800 won, from January 1, 201 to December 31, 2010, the rent for the period from January 31, 201, from January 1, 201 to December 31, 2011, shall be 604,500 won, and the rent for the period from January 1, 201 to December 31, 201.

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