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(영문) 인천지방법원부천지원 2016.01.27 2015가합1191
부당이득금반환등
Text

1. The defendant shall be the plaintiff.

A. Of Yongsan-gu Seoul Metropolitan Government 49.5 square meters, the attached drawings indicating 1, 7, 8, 18, 17, 16, 15, 14, 13, 22.

Reasons

1. A cited part;

A. On April 29, 201, the Plaintiff indicated the claim 1) on April 29, 201, Yongsan-gu Seoul Metropolitan Government C large 49.5 square meters (hereinafter “instant land”).

(2) From August 12, 2003, the Defendant owned the portion (a) in the ship connecting each point of (b) part (a) and 30.8 square meters on the ground of the instant land (hereinafter “the instant part”), which was connected with each point of the instant land, as indicated in the separate sheet No. 1, 7, 8, 18, 17, 16, 15, 14, 13, 22, 21, 20, 20, 4, and 1. Since the construction of the instant building, the Defendant used the instant part as the location of the instant building and the site necessary for its use.

3) The rent of KRW 84,954,00 for the occupied portion from April 30, 201 to October 23, 2015 (i.e., the rent of KRW 19,421,30 from April 30, 201 to April 29, 2012) is KRW 18,12,00 for rent from April 30, 201 to April 29, 201 to April 29, 2013; KRW 18,849,60 for rent of KRW 10 to April 30, 201 to April 29, 201; KRW 18,12,000 for rent of KRW 18,50 for rent of KRW 10 to April 29, 2014; KRW 10 to 30,50 for rent of KRW 20 from April 30, 2014 to KRW 19,530.5

4) Therefore, it is presumed that the defendant owned the building of this case and occupied and used the part of this case, which is its site. Since the defendant obtained profit from the possession and use of the part of this case and thereby causes damages equivalent to the plaintiff's equivalent amount, the defendant removed the building of this case to the plaintiff, who is the owner of the part of this case, and delivered the part of this case's possession, and acquired the ownership of the plaintiff as to the part of this case's possession.

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