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(영문) 서울중앙지방법원 2017.08.09 2017가단5025843
부당이득금
Text

1. The Defendant’s KRW 8,947,153 as well as the Plaintiff’s annual rate from December 22, 2016 to August 9, 2017, and the following.

Reasons

Basic Facts

On May 18, 1962, the defendant requisitioned B forest No. 10,135 square meters and is stationed in a military unit. Among them, 24,400 square meters are divided into Chuncheon-si C, and completed the registration of ownership transfer on January 6, 1990.

On June 16, 2010, the Plaintiff acquired ownership of B forest land of 83,679 square meters due to inheritance by agreement division.

The Defendant occupied 5,428 square meters among B forest land in Chuncheon-si from December 1, 201. On September 19, 2016, this part was divided into 5,428 square meters of forest land in Chuncheon-si (hereinafter “instant real estate”).

On January 31, 2017, the Defendant completed the registration of ownership transfer on the instant real estate due to the acquisition of public land through consultation.

[Reasons for Recognition] No dispute exists, Gap evidence Nos. 1 through 11, Eul evidence No. 1-1 to 3, and the purport of the whole pleadings.

Judgment

According to the above facts, the Defendant occupied the instant real estate owned by the Plaintiff from December 1, 201, and completed the registration of ownership transfer on January 31, 2017, and thus, the Defendant is obligated to return to the Plaintiff the amount of unjust enrichment equivalent to the rent due to the possession of the instant real estate during the above period.

According to the appraiser E’s appraisal of rent of the instant real estate: (a) KRW 8,630,520 of the rent from December 1, 201 to November 30, 2016; (b) KRW 1,89,800 of the annual rent from December 1, 2015 to November 30, 2016; and (c) there is no counter-proof; and (d) at least KRW 1,89,800 of the annual rent after December 1, 201, at least KRW 1,89,800 of the previous annual rent after December 1, 2016 to KRW 316,633 won; and (e) KRW 1,69,800 of the annual rent from December 1, 201 to November 31, 2017 to KRW 310,639,989; and (e) Defendant 13/16,201.

Thus, the defendant's unjust enrichment 8,947,153 won of the above recognition and a duplicate of the application for mediation of this case to the defendant.

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