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(영문) 서울고등법원 2018.07.13 2017나2074086
손해배상(기)
Text

1. The judgment of the court of first instance, including the part concerning the claim for the transfer money that the plaintiffs changed in exchange in this court.

Reasons

1. The reasoning for this part of the reasoning of the judgment of the court is as follows, except for the submission of part of the reasoning of the judgment of the court of first instance or the addition of a part of the reasoning, and therefore, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

The "attached Form 6 and 7 of the judgment of the court of first instance" shall be amended by the "attached Form 1 of the judgment of the court of first instance".

The following parts shall be added to Chapter 4 of the first instance judgment.

On December 20, 2017, the International Asset Trust transferred to the Plaintiffs the right to claim a return of unjust enrichment equivalent to the rent that occurred during the trust period against the J and the Defendants, and notified the Defendants of the transfer of the above claim.

Of the grounds for recognition of No. 1-7 of the first instance judgment No. 6, the "Evidence No. 1-7 of the first instance judgment" was added to "Evidence No. 1-7 of the first instance judgment, A 22, and 23 of the first instance judgment (including each number)."

2. The plaintiffs' claims

A. From April 1, 2014 to December 29, 2014, the Defendants illegally occupied and used the instant land and building owned by the International Asset Trust even though they did not have the title to occupy the instant land and building owned by the International Asset Trust from April 1, 2014 to December 29, 2014.

On December 20, 2017, the International Asset Trust transferred to the Plaintiffs the right to claim the return of unjust enrichment equivalent to the rent that occurred during the above trust period against the Defendants, and notified the Defendants of the transfer of the above claim.

Therefore, the Defendants jointly have a duty to pay to the Plaintiffs, the assignee, unjust enrichment equivalent to the rent for the instant land and building accrued from April 1, 2014 to December 29, 2014.

B. From December 30, 2014 to September 23, 2016, the Defendants were not entitled to possess the instant land and building owned by the Plaintiffs from December 30, 2014 to September 23, 2016.

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