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(영문) 수원지방법원안양지원 2019.12.20 2019가단111507
부당이득금
Text

1. The Plaintiff:

A. Defendant A’s KRW 22,60,000 and its annual 5% from July 1, 2019 to August 8, 2019, respectively.

Reasons

1. Facts of recognition;

A. On October 5, 201, the Plaintiff is a person who implements the G Bogeumjari Housing District Development Project (hereinafter “instant project”) for Edong and Fdong members, and the Minister of Land, Transport and Maritime Affairs designated and publicly announced the Bogeumjari Housing District of the instant project as H publicly notified by the Ministry of Land, Transport and Maritime Affairs.

B. The Plaintiff is the Plaintiff’s “land No. 1 of this case” located within the instant business area with C 1488 square meters or less.

After acquiring the pertinent land through consultation, on December 11, 2015, the registration of ownership transfer was completed with respect to the instant land No. 1 in the Plaintiff’s name, and (2) “the instant land No. 2” is deemed as “the instant land 466 square meters or less prior to D.”

After accepting the instant land, on December 23, 2016, the Plaintiff completed the registration of ownership transfer under the Plaintiff’s name with respect to the instant land No. 2. (c) Defendant A occupied and used the instant land from September 1, 2018, which was after the date of acquiring the Plaintiff’s ownership with respect to the instant land No. 2; and Defendant B occupied and used the instant land from September 1, 2018, which was after the date of acquiring the Plaintiff’s ownership with respect to the instant land No. 2. (d) From December 11, 2015 to June 30, 2019, the sum of rent amountsing to KRW 22,60,000 in total; rent amountsing to KRW 529,00 in monthly; rent amountsing to KRW 10 in total from September 1, 2018 to KRW 10 in total from September 1, 2018 to KRW 30,000 in total from September 19, 2019.

2. According to the above findings of determination, Defendant A pays to the Plaintiff the amount of KRW 22,60,000,000 per annum from July 1, 2019 to August 8, 2019, the delivery date of a copy of the complaint in this case; the amount calculated by the rate of KRW 529,00 per annum under the Civil Act; and the amount calculated by the rate of KRW 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment; and the amount calculated by the rate of KRW 529,00 per month from July 1, 2019 to the day of complete delivery of the land in this case; Defendant B shall pay to the Plaintiff the amount equivalent to the fee.

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