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(영문) 의정부지방법원고양지원 2016.02.03 2015가단4255
군사시설철거 등
Text

1. The defendant is against the plaintiffs:

A. Of the 33,470 square meters of K forest in Pakistan-si, the annexed drawing Nos. 47, 193 through 201, 48, and 47 are each indicated.

Reasons

Comprehensively taking account of the purport of the arguments as a result of the appraisal by appraiser Gap 1, 3, and 4, the plaintiffs acquired and shared ownership of the forest land as stated in Disposition 1-A (hereinafter "the forest of this case") on April 27, 2007, and the defendant has occupied the part of the forest by installing military installations, such as traffic signs, dusts, miters, etc. in the forest of this case. The fact that the rent for the portion occupied by the defendant among the forest of this case from February 12, 2010 to February 11, 2015, when the sum of the rent for the period from February 12, 2010 to February 11, 2015, is 20,465,820 won, and the monthly rent for the period from February 12, 2014 to February 11, 2015.

According to the above facts, the defendant is obligated to remove the above military installations from the plaintiffs and deliver the part of the defendant's possession among the forest land of this case.

In addition, the defendant is judged to gain profit equivalent to the rent by occupying and using part of the forest of this case and thereby, thereby causing damages equivalent to the same amount to the plaintiffs who are the owners. Thus, the defendant is obligated to pay the plaintiffs unjust enrichment equivalent to the rent, barring any special circumstance.

As to the scope of return of unjust enrichment, the Defendant is obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 20, 2016 to February 11, 2015 to 2015, respectively, to the Plaintiffs (i.e., KRW 20,465,820 x KRW 1/10 x 1/10, and their respective co-ownership shares of the Plaintiffs are not accurately 1/10, but in close vicinity thereto, the Plaintiffs’ claim shall apply) and to the Plaintiffs. Since the Defendant ratified the amount of damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 20, 2016 to the date of full payment, which is the day following the delivery of a copy of the application for change of claim as of February 19, 2016 to the day of full payment.

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