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(영문) 제주지방법원 2021.02.04 2020가단56621
부당이득금
Text

1. The defendant shall pay 540,000 won and 12% per annum to the plaintiff from December 31, 2020 to the day of complete payment.

Reasons

In full view of the facts without dispute, evidence submitted by the Plaintiff and the purport of the whole theory of changes, the fact that the Plaintiff owned the Plaintiff with the area of 149 square meters and the area of F. 367 square meters in Jeju-si, and that the Defendant was currently in possession and management as the road was currently used, and that the sum of rent from July 1, 2015 to July 1, 2020 with respect to the land is KRW 5,440,000.

Therefore, the defendant should return unfair profits from the use of road to the plaintiff. As requested by the plaintiff, the defendant is obligated to pay delayed damages calculated at the rate of 12% per annum from December 31, 2020 to the day of full payment after the delivery of the application for change of the cause of the claim and the service of the application for change of the cause of the claim.

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