logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.09 2016가합537839
부당이득금
Text

1. The Defendant’s separate sheet from 55,077,612 won and January 1, 2016 to the Plaintiffs.

1. The defendant as to each land indicated in the list.

Reasons

1. Facts of recognition;

A. The Plaintiffs are attached Form before March 29, 2012.

1. Of each land listed in the list Nos. 1 and 3, ownership of 8/84 shares and 1/7 shares of each land listed in the list No. 2.

B. The Defendant’s attachment on March 29, 2012

1. Each land indicated in the list (hereinafter referred to as “each land of this case”) and the attached Form D and E on the Yongsan-gu Seoul Metropolitan Government Land;

2. The registration of ownership transfer is completed with respect to each building entered in the list (hereinafter “each building of this case”).

On October 10, 2012, the Defendant completed the registration of ownership transfer to a third party on the buildings listed in No. 20 No. 15, and No. 23 of the same list on December 31, 2012, and on the buildings listed in No. 19 of the same list on January 11, 2013.

C. The ratio of the section for exclusive use owned by the Defendant among each of the instant buildings is as follows.

The term ratio (%) from March 29, 2012 to October 10, 2012, to October 11, 2012, to December 31, 2012, 200 to December 31, 2012, from January 1, 2013 to January 11, 2013 to January 11, 2013, 20190.56

D. The amount equivalent to the annual rent for each of the instant lands is as follows.

The annual rent (won/land size) for a period of time 226,400,00 won/land size 5.666 million won x the expected interest rate 4% 197,400,5640,000 x the expected interest rate x 3.5% after 2014 x the expected interest rate x 201,60,000 / land size x 3.5% of the expected interest rate / 3.5% [based on recognition] (Article 150(3) and (1) of the Civil Procedure Act)

2. Determination

A. 1) Since the owner of a section of exclusive ownership without a right to use the site occupies the site of the section of exclusive ownership without any legal ground, he/she obtains unjust enrichment equivalent to the rent for the area corresponding to the portion to be registered as the site ownership of that section of exclusive ownership among the relevant site. The owner of the share to be registered as the above site ownership suffers damages equivalent to the same amount, barring any other special circumstances, the owner of the section of exclusive ownership without a right to use the site has the duty to return the unjust enrichment to the owner of the said portion of exclusive ownership (see Supreme Court Decision 2010Da72779, Jan. 27, 201).

arrow