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(영문) 의정부지방법원고양지원 2016.10.26 2014가단43512
지료
Text

1. The Plaintiff:

A. Defendant A shall pay 2,891,448 won and 15% per annum with respect thereto from July 11, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On February 7, 2014, the Plaintiff acquired shares of 14.4568/20 of the total area of 1,525 square meters (hereinafter “instant land”) prior to Gyeyang-gu, Gyeyang-gu, Gyeyang-gu (D) by auction.

On May 12, 2014, the Plaintiff completed the registration of ownership transfer for reasons of the exchange made on April 18, 2014 to Muuki Co., Ltd. with respect to 0.4568/20 shares, which are part of the above shares.

B. On the ground of the instant land, a multi-household (19 households) with two houses (A Dong and B) are located.

Among them, the size of the remaining housing except subparagraph B 401 is the same as all, and the size of subparagraph B 401 is two times.

C. On February 18, 2011, Defendant A acquired ownership of A Dong 201 and A Dong 102.

On October 28, 2011, Defendant B acquired ownership of Section A 301.

On January 13, 2010, Defendant Yellowyang Co., Ltd acquired the ownership of B 101, B 102, B 401, and B 401, and acquired the ownership of A f01 on November 10, 201.

On November 16, 2010, Defendant C acquired the ownership of Section B B B non-02.

[Ground of recognition] The entry of evidence Nos. 1 and 2 and the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendants are obligated to pay unjust enrichment equivalent to the rent, barring special circumstances, on the following grounds: (a) part of the instant land [1,525 square meters x 1,525 square meters x 1/20 x 25 m25 m2) x 1,525 m25 x 1/20 m25 x 381.25 m25 m20 x 1,525 x 1/20 m20 x 5 m20 x 5 m20 m25 x 5 m25 m2)] as the site of each of the instant land owned by the Defendants (Therefore, Defendant C’s assertion that the occupied area is 59.9 m20 m2).

In full view of the purport of the argument in Gap evidence No. 3, the sum of rent for the land from February 7, 2014 to June 15, 2015 is KRW 41,306,401, and monthly rent for the period from February 7, 2015 to February 6, 2016 can be acknowledged as the fact that causes 2,548,021, and the monthly rent for the period from February 7, 2015 to February 6, 2016.

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