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(영문) 청주지방법원충주지원 2015.08.20 2014가단6339
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 24,502,00 and the interest rate of KRW 20% per annum from September 26, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On May 2, 1991, the Plaintiff and the Defendant’s acquisition and loss of ownership regarding the instant land 1) Defendant, C, and D are as follows:

(2) On October 16, 1993, “F” completed the registration of transfer of ownership on the instant land on the ground of the division of co-owned property owned on April 29, 191, on the following grounds: (a) 1/3 shares of the instant land, which were divided into I; and (b) 76 square meters into J; and (c) 16 square meters out of the instant land was subdivided into K on November 6, 2012; (b) 1/3 shares of the instant land, which were owned by H, on the ground of the division of co-owned property owned on April 29, 191; and (c) 2) the registration of transfer of ownership was completed on the ground of inheritance by agreement division as of February 16, 1993; and (d) G, on the ground of the completion of the registration of transfer of ownership on the instant land ownership on the ground of D’s share 1/3 shares on December 5, 2011.

3) On June 16, 2004, the Plaintiff completed the registration of ownership transfer based on sale as of June 16, 2004 of G 1/3 shares on the instant land, and on April 28, 2005, on the Defendant’s 1/3 shares on the instant land due to compulsory sale as of April 11, 2005, F completed the registration of ownership transfer based on the compulsory sale as of April 11, 2005, respectively. 4) On February 29, 2012, Cheongju District Court Chungcheong Branch 2005da7460, 2006Gadan350 (Counterclaim) in accordance with the conciliation protocol of co-owned property partition case, in subrogation of the Plaintiff, the Plaintiff completed the registration of ownership transfer to the Plaintiff.

5 On October 15, 2012, H completed the registration of ownership transfer based on a compulsory sale by official auction as of October 15, 2012 with respect to the whole land of this case.

B. As a result of the assessment of rent for the instant land conducted in the Cheongju District Court Decision 2005Da7460, Cheongju District Court Decision 2005Kadan7460, the monthly rent from May 12, 2006 to February 12, 2007 is KRW 3,808/m2.

C. The defendant from around 1994 to the ground of this case.

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