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(영문) 광주지방법원 2016.04.27 2015가단46923
부당이득금
Text

1. The Plaintiff:

A. Defendant B, from November 17, 2015, indicated in the separate sheet, among the land in the separate sheet, KRW 1,997,380 and KRW 2,00.

Reasons

1. Facts of recognition;

A. On June 5, 2012, the Plaintiff purchased 339.2 square meters in Dong-gu, Gwangju-gu and 178.5 square meters in H from F, and registered the ownership transfer on August 10, 2012.

On October 22, 2012, the above Gwangju Dong-gu H land was merged into G land.

(hereinafter “instant land”). (b)

The Defendants have owned land and buildings adjacent to the instant land as indicated below.

Part of each of the above buildings occupies part of the land in this case, such as the description "influence and size."

The part of the acquisition date of the Defendants’ ownership of the land and building and the part of the land and building owned by the Defendants, and the part of the attached Form (C) 134.2 square meters and the part of the attached Form (C) 8.1 square meters on November 27, 1989, which was 24.2 square meters and the part of the attached Form (C) 8.1 square meters on November 27, 1989, and the part of the attached Form (B) 4.9 square meters on January 19, 1983, and the part of the attached Form (B) 4.9 square meters and the part of the attached Form (B), 395.8 square meters on June 24, 1976: Provided, That the date Defendant C acquired the ownership of the land of the Dong-gu, Gwangju-gu, Gwangju-gu, Gwangju-gu, Seoul-gu, and 52.89 square meters on a residential roof, which was combined with the relevant building.

Attached Form

(E) The drawings (based on recognition) do not dispute the part 11.5 square meters in part, and the part 4.1 square meters in the attached Form No. 135.9 square meters in the part of the attached Form No. 15.5 square meters in Seoul Dong-dong, Gwangju-gu and the part 15.5 square meters in the part (f) of the attached Form No. 1991, Jan. 23, 1991, and the part 4.1 square meters in the part (d) in the attached Form No. 1987, Oct. 13, 1987; the purport of each entry in No. 1-6 (including a branch number), each entry in

2. Determination

A. 1) The owner of a building without authority on the land owned by another person to determine the cause of the claim ought to be deemed to have obtained, by itself, profits equivalent to the rent of the land from another person’s property without legal cause, and thereby, to have inflicted damages equivalent to the same amount on the other person (see, e.g., Supreme Court Decision 98Da2389, May 8, 1998). Therefore, the Defendants are the Plaintiff.

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