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(영문) 서울북부지방법원 2018.06.26 2016가단117879
지료
Text

1. The defendant shall be the plaintiff.

(a) 6,96,355 won and 15% per annum from May 10, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The deceased C (hereinafter “the deceased”) owned the real estate indicated in the separate sheet (hereinafter “instant land”) around August 8, 2007.

B. Around August 27, 2015, Plaintiff, Defendant, D, E, F, and G, who are the deceased’s children, completed the registration of ownership transfer on each of the instant land’s 1/6 shares by inheritance on August 8, 2007.

C. Meanwhile, the Defendant used the building on the instant land as a residence and stable from the time of the deceased’s survival, and cultivated crops on the instant land, while occupying the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 8 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the plaintiff succeeded to the 1/6 shares out of the land of this case. The defendant obtained unjust enrichment equivalent to the plaintiff's shares out of the land of this case without any legal ground and suffered losses equivalent to the same amount as the plaintiff, by using and making profits from the whole land of this case.

Therefore, the defendant is obligated to return unjust enrichment from the occupation use to the plaintiff.

B. Furthermore, with respect to the amount of unjust enrichment, the amount of profit from the possession and use of the real estate in ordinary cases is the amount equivalent to the rent of the real estate. In full view of the purport of the entire pleadings from August 8, 2007 to August 7, 2017 as a result of the appraisal of rent for the appraiser H of this case, the rent for the land of this case can be recognized as constituting a total of 41,978,389 as indicated in the “annual rent” table below. Thus, it is apparent in the calculation that the amount equivalent to the Plaintiff’s 1/6 share is 6,996,398 won (41,978,389 won x 1/6,000 won x 1/6,000 won x 1/6,000 won x 1/6,000 won x 460 won x 16/16,000).

The expected interest rate of a fixed-term area (unit price/unit price) shall be the annual rent (unit price).

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