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(영문) 서울중앙지방법원 2014.07.03 2013나65733
부당이득금 반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On December 14, 1974, the registration of preservation of ownership in the name of the Republic of Korea and the registration of transfer of ownership in the name of the Seoul Special Metropolitan City was made with respect to B forest No. 4,588 square meters (hereinafter “instant land”) in Seodaemun-gu Seoul, Seodaemun-gu, Seoul. On August 9, 1989, the registration of change in the name of the registered titleholder was made in the name of the Republic of Korea on July 15, 1989.

B. The Plaintiff was established pursuant to the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation, and was entrusted by the Republic of Korea with the authority to manage and dispose of the instant land pursuant to Article 26(1)8 of the said Act, Article 42 of the State Property Act, and Article

C. Around February 8, 1985, the Defendant purchased an unauthorized building (a site area is 72 square meters) on the ground of the instant land from C, and occupied and used the said site while residing in the said unauthorized building from May 7, 1985.

Around February 22, 2008, the Plaintiff notified the Defendant of the imposition of indemnity amounting to KRW 1,607,390 on the ground that he/she occupied or used the instant land without permission from April 1, 2006 to December 31, 2006. Around May 24, 2011, the Plaintiff notified the Defendant of the imposition of indemnity amounting to KRW 1,607,390 under the State Property Act and the Enforcement Decree of the same Act. Around January 1, 2007 to December 31, 2010, the Plaintiff notified the Defendant of the imposition of indemnity amounting to KRW 10,515,030 on the ground that he/she did not pay indemnity amount under the National Tax Collection Act on the ground that he/she did not pay indemnity amount as above. Around April 25, 2012, the Plaintiff notified the Defendant of the imposition of overdue interest of KRW 10,515,030 on the ground that he/she was notified.

E. The relevant provisions of the State Property Act concerning indemnity are as follows:

Article 72 (Collection of Indemnification) (1) The management agency, etc. shall give to the occupant without permission.

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