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(영문) 수원지방법원 2015.11.24 2014가단34238
토지인도 등
Text

1. The defendant shall be the plaintiff.

(a) 151,360 won and the rate of 15% per annum from July 23, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On July 23, 2013, the Plaintiff completed each registration of transfer of ownership on the ground of sale by compulsory auction on the 17th of the same month with respect to the 443 square meters for Da-si and the 66 square meters for the above C road on July 23, 2013. The Defendant completed the registration of transfer of ownership on August 28, 1996 with respect to the 270 square meters for the above 270 square meters for each land (hereinafter the above land shall be indicated only as Ri and lot number).

B. The Defendant uses C land owned by the Plaintiff as a road to pass through the land owned by himself/herself.

Grounds for recognition: Gap 1, 2, 4, Eul 1 (including the number with each number), and the whole purport of the pleading.

2. Determination

A. According to the above facts, the defendant without any title uses C's land owned by the plaintiff as a road without any title, thereby gaining profits equivalent to the rent for the above land, and thereby causing damage to the plaintiff.

Therefore, the defendant is obligated to return the amount equivalent to the rent of the above land as unjust enrichment to the plaintiff.

Furthermore, according to the health team and appraiser F’s appraisal result with respect to the amount of unjust enrichment that the Defendant has to return, the amount equivalent to the monthly rent from July 17, 2013 to December 31, 2013 of the land C may be recognized as KRW 14,400, and the amount equivalent to the monthly rent from January 1, 2014 to December 31, 2014 as KRW 14,600, and the amount equivalent to the monthly rent from January 1, 2015 to July 20, 2015 can be presumed to be the same amount.

Therefore, the defendant is entitled to seek from the plaintiff.

A. From July 17, 2013, the Plaintiff acquired the ownership of C land, the buyer under Article 135 of the Civil Execution Act acquires the right which is the object of sale when he pays the sale price.

The amount equivalent to C rent for the land from July 17, 2013 to June 2, 2014, calculated as requested by the Plaintiff, from July 2, 2013 to June 2, 2014, shall be 152,160 won [i.e., 14,400 won x 100 won x 14,400 won x 17/30) (=14,400 won x 14,400 won x 17/30). However, the Plaintiff shall be 151.

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