(영문) 인천지방법원부천지원 2015.07.23 2014가단29447

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(영문) 인천지방법원부천지원 2015.07.23 2014가단29447

부당이득금반환

Text

1. From April 19, 2015, the Defendant indicated in the attached Form No. 18,175,560 won to the Plaintiff, and from April 19, 2015, indicated in the attached Form No. 1, 2, and 3.

Reasons

1. Basic facts

A. On July 29, 1998, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant land”).

B. From July 1972, the Defendant occupied and used the instant land-based housing (hereinafter “instant housing”) from around July 1972.

C. The location and size of the instant housing are as indicated in the attached drawing. The Defendant’s monthly rent is KRW 18,175,560, and the monthly rent is KRW 102,030,030,000,000 from July 23, 2004 to April 18, 2015, as indicated in the attached drawing indicating that the Defendant occupied and used as the site of the instant housing. The monthly rent is equivalent to KRW 102,030,030,000,000,000,000,000,000,000, in the order of April 18, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, and the result of appraiser C’s survey and fee appraisal, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, unless the defendant does not have the right to occupy and use the land of this case, the defendant is obligated to return unjust enrichment equivalent to the rent for the possession and use of the land of this case to the plaintiff.

Furthermore, as to the scope of unjust enrichment, the sum of monthly rent from July 23, 2004 to April 18, 2015 as to the part of the instant case (A) is KRW 18,175,560, and the monthly rent is equivalent to KRW 102,030,030, around April 18, 2015. Thus, the said rent is presumed to be the same amount thereafter, barring any special circumstance.

Therefore, the Defendant is obligated to pay to the Plaintiff unjust enrichment equivalent to the monthly rent of KRW 18,175,560 equivalent to the monthly rent from July 23, 2004 to April 18, 2015, and the following day from April 19, 2015 to April 102,030, or from April 19, 2015 to the day when delivery of the instant part (A) is completed or the Plaintiff’s ownership is lost.

B. As to the defendant's assertion and judgment, the defendant is about 50 years.

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