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Reasons
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(영문) 부산지방법원 2018.08.28 2017가단25358
지료 등
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1. The Defendant shall pay to the Plaintiff KRW 38,836,520 and interest rate of KRW 15% per annum from September 9, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On October 20, 1997, the Plaintiff acquired ownership of 83 square meters in Busan-gu, Busan-gu, Busan-do (hereinafter “1 Real Estate”). On May 9, 2014, the Plaintiff acquired ownership of 83 square meters in D large-scale 83 square meters (hereinafter “2 real estate”).

B. On October 5, 1956, the Defendant occupied and used the 39.67 square meters of a house with a luxial roof in Busan, Jin-gu, Busan, the ownership of which was acquired on October 5, 1956 (hereinafter “instant building”), and occupied and used the 1 and 2 real estate as a site for the building.

C. Meanwhile, according to the result of appraisal by appraiser G (hereinafter “appraisal”), the rent for the first real estate is a total of KRW 27,835,710 from September 1, 2007 to August 31, 2017, and the monthly rent is a total of KRW 302,120 (i.e., KRW 3,625,40 in total from September 1, 2016 to August 31, 2017) (i.e., KRW 3,625,40 in total) and KRW 11,00,810 in total for the second real estate from May 9, 2014 to August 31, 2017, KRW 306,270 in monthly rent is a total of KRW 302,120 in annual rent (i.e., KRW 270 in annual rent).

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 3, the result of appraisal of rent by appraiser, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to return to the Plaintiff unjust enrichment equivalent to the rent, as sought by the Plaintiff, as to the first real estate, and the second real estate from September 1, 2007, and as to the second real estate from May 9, 2014, as claimed by the Plaintiff, by occupying and using the first and second real estate as a building site without any legal cause.

3. Determination on the amount of unjust enrichment

A. According to the appraiser's appraisal of rent for real estate 1, the sum of rent for the Plaintiff from September 1, 2007 to August 31, 2017 27,835,710 won from September 1, 2007 to August 31, 2017, and from May 9, 2014, from May 201 to August 2017, which is the date of occupation for the second real estate.

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