(영문) 수원지방법원 2015.02.10 2014가단502670

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(영문) 수원지방법원 2015.02.10 2014가단502670

부당이득금

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1. The defendant shall be the plaintiff.

(a) KRW 8,228,640 and 5% per annum from September 25, 2014 to February 10, 2015; and

Reasons

1. Basic facts

A. On August 17, 2006, the Plaintiff completed the registration of ownership transfer based on a sales contract with respect to the area of 1546 square meters (hereinafter “instant land”).

B. The Defendant, among the instant land, installs a retaining wall on a waterway and a drainage channel of 474 square meters in the part “bb” inside the ship, which connects each point of the attached Form No. 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 9, and 10 of the land of this case, and occupies the said part.

C. Of the instant land, the sum of monthly rent from July 1, 2009 to June 30, 2014 regarding the occupied portion of the Defendant is KRW 8,228,640, and the monthly rent as of June 30, 2014 is KRW 154,050 (=1,848,600/12).

[Reasons for Recognition] A.1 to 3 Facts without dispute, each entry in Gap's evidence, appraiser C's appraisal result, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts finding that the Defendant occupied the occupied portion of the instant land without authority, barring any special circumstance, and thus, the Plaintiff is obligated to pay to the Plaintiff money calculated by the ratio of the monthly rent from July 1, 2009 to June 30, 2014, which was the period between five years from June 30, 2014 and the delivery of the instant complaint to June 30, 2014, and the future unjust enrichment from July 1, 2014 to July 1, 2014 to the date on which the Plaintiff lost the Plaintiff’s ownership of the occupied portion of the instant land or the Defendant’s possession is terminated (the amount of unjust enrichment equivalent to the monthly rent from July 1, 2014 to the date on which the Plaintiff lost its ownership or the Defendant’s possession is terminated is ratified as at June 30, 2014).

B. The Plaintiff is obligated to pay 65,964,00 won to the Plaintiff due to damages incurred therefrom, since the part of the instant land occupied by the Defendant, which was occupied by the Defendant without permission, reduced the value of the part indicated in the attached drawing 1 and the part of the “three-dimensional” portion among the instant land.

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