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(영문) 제주지방법원 2019.05.02 2018가단6043
부당이득금반환 등
Text

1. The defendant

(a) KRW 690,208 and for this, 5% per annum from July 31, 2018 to May 2, 2019;

Reasons

1. Facts of recognition;

A. On January 22, 1997, D, an owner of the Clug City 7m2 in Seopo-si, succeeded to the heir E, F, G, H, I, the Plaintiff, and J 1/7 shares, and on May 17, 2018, the registration of transfer was made on the ground of the inheritance.

B. Among the above successors, E, F, G, H, and I donated their shares to the Plaintiff on May 25, 2018, and the same year.

6. 5. The transfer registration of shares was made in the future of the plaintiff.

As a result, the Plaintiff owned 6/7 shares out of the real estate land of this case.

C. Around 1993, the land category of which was changed from August 28, 1993 to a road was changed from a site to a road.

(hereinafter referred to as “instant land”), the land category of which has been changed to a road, isd.

Where land category is a site, the rent for the land of this case shall be as follows:

On the other hand, the monthly rent after July 19, 2018 is KRW 117,940.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, Eul evidence 1 and 2, the result of the commission of appraisal to the Jeju branch office which is K in this Court, the purport of the whole pleadings

2. Determination

A. The Plaintiff seeking the return of unjust enrichment equivalent to the rent for the calculation of the amount of unjust enrichment equivalent to the rent for the sake of the fluctuation of shares filed from July 19, 2013 to June 4, 2018. However, the Plaintiff only owned 1/7 shares of the instant land until June 4, 2018, and owned 6/7 shares of the instant land from June 5, 2018. Thus, the Plaintiff can only seek the return of unjust enrichment equivalent to the rent for each of the said shares.

The fact that 1/7 of the amount of unjust enrichment equivalent to the rent from July 19, 2013 to July 18, 2017 is KRW 407,204 (hereinafter the same shall apply), the amount of 1/7 of the unjust enrichment equivalent to the rent accrued between July 19, 2013 and July 19, 2017 is KRW 407,204, and the amount of 1/7 of the unjust enrichment equivalent to the rent accrued between July 19, 2017 and June 4, 2018 is 15,289, the amount of 6/7 of the unjust enrichment equivalent to the rent accrued between 44 days from June 5, 2018 to July 18, 2018 is 127,715, and the amount equivalent to the rent for the five years is 690,608,715,719,719.

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