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(영문) 수원지방법원평택지원 2016.03.11 2014가단43422
토지인도
Text

1. The Defendant’s KRW 38,488,00 for the Plaintiff and KRW 5% per annum from March 4, 2015 to March 11, 2016.

Reasons

1. Determination on the delivery of land and the claim for restitution of unjust enrichment

A. The purport of the Plaintiff’s assertion is that the Defendant from around 1995 to the date of delivery and completion of delivery of each of the above lands (hereinafter “the instant lands”) by asserting that the Defendant occupied the part of (A) 615 square meters in the ship, the real estate indicated in the attached list, the part of (c) 458 square meters in the ship as indicated in the claim list, the real estate indicated in the attached list, and the part of (c) 458 square meters in the ship as roads and parking lots

(b) Determination 1) No. 1 (including a serial number; hereinafter the same shall apply) does not conflict between the parties or the evidence No. 1

In full view of the purport of the entries and pleadings, the Plaintiff’s completion of the registration of ownership transfer on each of the instant lands on May 3, 2006, and the Defendant’s use of each of the instant lands from around 1995 to October 5, 2014 as roads and parking lots, etc. Therefore, barring any special circumstance, the Defendant is obligated to return to the Plaintiff gains obtained by occupying and using each of the instant lands without a legitimate title as unjust enrichment, barring any special circumstance. The Defendant asserted to the effect that there was an agreement between the Plaintiff to allow the Plaintiff to use each of the instant lands free of charge, but there is no evidence to acknowledge this, the Defendant’s above assertion is without merit. Furthermore, as the amount of unjust enrichment to be returned to the Defendant, the amount of gains from occupying and using each of the instant lands shall be equivalent to the rent, and according to the appraiser C and D’s appraisal results, the Defendant’s total amount from June 3, 2005 to 30, 2005 to 308.484.1.6

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