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(영문) 제주지방법원 2020.01.30 2019가단56199
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) KRW 37,895,901 and interest thereon shall be 12% per annum from May 10, 2019 to the date of complete payment.

Reasons

1. Determination on the cause of the claim

A. The original land category of the instant case was determined to C, but still remains unregistered. After C’s death, each of the instant land was inherited to C’s inheritors or their inheritors, and finally inherited to D, E, F, G, H, H, I, J, K, L, M, N,O, and the Plaintiff. The land category of the instant land was changed from before 1948 to “road”; however, the said inheritors agreed that each of the instant land was inherited by the Plaintiff’s sole inheritance; thus, the instant land was preserved and registered under the Plaintiff’s sole name; from 30th to 30th 4th 29th 4th 2019 to 30th 4th 5th 206 to 4th 205th 36th 4th 209 to 4th 206th 205 to 36th 4th 2019 to 4th 5th 206th 206.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 4 (including additional numbers), Eul evidence Nos. 1 or video, the result of the request for the appraisal of rent to the head of P branch office of this court, the purport of the whole pleadings

B. According to the above facts, barring any special circumstance, the Defendant possessing each of the instant lands shall promote the litigation from May 10, 2019 to the date following the delivery of the application for modification of the purport of the claim and the cause of the claim by May 2, 2019 to the date of full payment to the Plaintiff, the owner of each of the instant lands (i.e., KRW 37,895,901 (i.e., KRW 1,488,349, KRW 36,407,52).

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