logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.10.16 2018가합577893
부당이득금
Text

1. The defendant,

A. As to Plaintiff A’s KRW 874,895,00 and its KRW 375,00,000 among them, it shall be from November 10, 2018 to 49,895.

Reasons

1. Basic facts

A. The Plaintiffs completed the registration of ownership transfer with respect to real estate listed in the separate sheet on May 11, 1963 (hereinafter “the instant forest”), and Plaintiff A shares the same at the rates of 1/5, respectively.

B. The Defendant, among the forest land of this case, installs and occupies military installations, such as roads for military use, miters, traffic signs, wire boos, wire boos, wire boos, Army landmarks, and landmarks of the Ministry of National Defense (hereinafter “military installations of this case”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, result of survey and appraisal by appraiser D, purport of the whole pleadings

2. The allegations and judgment of the parties

A. According to the above facts of recognition that the obligation to return unjust enrichment was established, the defendant obtained a benefit equivalent to the profit from the use of the forest of this case by occupying and using the forest of this case, and suffered losses equivalent to the same amount as the plaintiffs. Thus, the defendant is obligated to return to the plaintiffs unjust enrichment equivalent to the rent from November 6, 2013 to the date on which the plaintiff lost the defendant's possession of the forest of this case or the date on which the plaintiff lost its ownership as of November 6, 2013

B. Furthermore, in full view of the purport of the argument as a result of appraiser E’s appraisal of the amount of unjust enrichment to be returned by the Defendant, the amount equivalent to the rent of the instant forest shall be KRW 1,458,159,050 for the period from November 6, 2013 to April 30, 2020, and the amount equivalent to the rent of KRW 19,395,610 for the period from May 1, 2020 to April 30, 2020 can be confirmed as being the same amount as the rent of KRW 19,395,610 for the period from January 1, 2020 to April 30, 2020.

arrow