logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.09.27 2013가단133932
부당이득금반환
Text

1. The Defendant’s KRW 23,100,480 as well as 5% per annum from April 18, 2013 to September 27, 2013 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The Defendant, without entering into a loan agreement or obtaining permission for use, occupied the land of 116 square meters out of 136 square meters in Seodaemun-gu Seoul (hereinafter “instant land”) owned by the Republic of Korea from April 1, 2006 to December 31, 2010.

The Plaintiff was entrusted by the Republic of Korea with the authority to manage and dispose of the instant land and to preserve and collect claims in accordance with Article 26(1)8 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation; Article 42(1) of the State Property Act; Article 38(3)

Article 72 of the State Property Act and Article 71 of the Enforcement Decree of the same Act on the ground that the Plaintiff occupied 116 square meters of the land of this case, which is State property, without permission, the Plaintiff imposed the Defendant the indemnity as indicated in the attached indemnity.

【Reasons for Recognition】 Each entry in the evidence Nos. 1 through 6 (including each number), and the purport of the whole pleadings

B. (1) According to the above facts, the Defendant is obligated to return unjust enrichment from the possession of the instant land owned by the Republic of Korea to the Plaintiff, who is delegated by the Republic of Korea the right to manage and dispose of the instant land and the right to preserve and collect the claim of this case, thereby gaining profits without any legal cause by occupying 116 square meters among the instant land owned by the Republic of Korea.

See Furthermore, I examine the amount of unjust enrichment to be returned by the defendant.

The Plaintiff is a special act on the promotion of litigation, etc. from March 15, 2012 to the delivery date of the original copy of the instant payment order to December 31, 2010 with respect to KRW 23,10,480 to KRW 7,464,510 to KRW 20,564,510 to KRW 23,10,480 to the Plaintiff, as well as the interest rate of KRW 7,464,510 calculated annually, and the principal amount of KRW 23,10,480 from the following day to the date of full payment.

arrow