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(영문) 서울중앙지방법원 2015.08.18 2014가단5056969
부당이득금
Text

1. The defendant's each of the plaintiffs 19,951,733 won and each of the 10,000,000 won among them shall be from March 18, 2014, and each of the 9,951.

Reasons

1. Facts of recognition;

A. On May 29, 1962, Plaintiff A: (a) the instant forest is deemed to be the instant forest; (b) the instant forest was divided into 10,212 square meters of C forest land, 874 square meters of D forest land, 506 square meters of E, and 98 square meters of FJ as of July 15, 2014; and (c) the Plaintiff B acquired 1/3 shares of the instant forest among the instant forest land on July 5, 2002, but lost their respective ownership on October 10, 2013.

B. The Defendant, without any title prior to the Plaintiffs’ acquisition of ownership of shares of 1/3 of the forest of this case, has occupied the forest of this case by installing each traffic sign, miter, wire miter, wire shield, etc. indicated in the annexed drawings.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, since the defendant occupied and used the land owned by the plaintiffs without permission, the defendant is obligated to return the profits earned by the defendant as unjust enrichment. The amount of unjust enrichment from March 5, 2009 to October 10, 2013, which is calculated by applying 2.5% of the officially announced value of the forest land of this case, which is the basis for calculating unjust enrichment without dispute between the parties, is KRW 19,951,73, calculated as shown in the separate sheet.

Therefore, barring special circumstances, the Defendant is obligated to pay damages for delay calculated at the rate of 20% per annum from July 11, 2015 to the day of full payment, which stated the purport of expanding the purport of the claim, with respect to KRW 19,951,73, respectively, and KRW 10,000,000 from March 18, 2014, the day following the delivery date of a duplicate of the instant complaint, and each KRW 9,951,733, respectively, to the Defendant, for delay damages calculated at the rate of 10% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 11, 2015 to the day of full payment.

B. As to the Defendant’s assertion on the part of the allegation on possession, the Defendant’s possession of the Defendant is each traffic sign, miter, and wire-tank indicated in the attached drawing.

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