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(영문) 서울동부지방법원 2017.11.08 2015가단38928
부당이득금
Text

1. The Defendants jointly share KRW 717,00 to Plaintiff A, KRW 16,547,728 to Plaintiff B, and each of the said money.

Reasons

1. Possession of the defendants

A. The Plaintiff B owned from August 27, 1999 with respect to 272 square meters in Seongdong-gu Seoul, Seongdong-gu, Seoul, and on August 20, 2014, the registration of ownership transfer for 1/3 portion was completed to Plaintiff A.

B. On March 24, 2007, the Defendants inherited each of one-half shares in Flue Fran 587 square meters adjacent to the above land.

The Defendants completed the occupancy on August 27, 2015, when using the above land as a parking lot, etc. from before 2005, when occupying 21 square meters of the adjoining E land without permission, and transferring each share ownership of the above F land to a third party.

[Reasons for Recognition] Facts without dispute, Gap evidence 3 and 4, the result of this court's request for measurement and appraisal to the Vice-Governor of the Seoul Regional Headquarters of the Korea National Land Information Corporation, the purport of the whole pleadings

2. As above, it is reasonable to view that the Defendants occupied and used part of the above land owned by the Plaintiffs, thereby gaining profit equivalent to the rent and thereby giving damages equivalent to the same amount to the Plaintiffs. As such, the Defendants are obliged to return the profit equivalent to the rent to the Plaintiffs as unjust enrichment.

3. Scope of return of unjust gains;

A. According to the result of this court’s entrustment of appraisal of land usage fees to appraiser G, the fact that the basic amount of the above E land is the same as that indicated in the attached Table, and the expected interest rate of the above land is 4% per annum.

Based on this, when calculating the amount equivalent to the rent from September 22, 2005 to August 26, 2015, which was 10 years prior to the date of the filing of the instant lawsuit with respect to the part occupied by the Defendants, from September 22, 2005 to the date of August 26, 2015, the Defendants’ possession is as indicated in the

(A) The reasoning for the difference between the claim amount and the claim amount of the Plaintiff seems to be due to the difference in the number of days of the last period. Therefore, the Defendants jointly share the Plaintiff A to the extent of the above recognition amount, and KRW 717,00,00, and KRW 16,547,728, respectively.

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