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(영문) 의정부지방법원 고양지원 2018.06.01 2017가단85876
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) KRW 18,34,800 and interest rate of KRW 15% per annum from February 8, 2018 to the date of complete payment.

Reasons

In fact, the plaintiff completed the registration of transfer of ownership on each land listed in the separate sheet No. 1 on March 18, 1964.

In around 195, the Defendant opened asphalt Packaging roads on each land listed in the separate sheet No. 1, and connects each point of which is indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 1, among the land listed in the separate sheet No. 1 from around that time, among the land listed in the separate sheet No. 1, the Defendant connected each point of which is indicated in the separate sheet No. 1, 12, 13, 14, 15, 16, 17, 18, and 12, among the land listed in the separate sheet No. 1, the Defendant connected each point of which is indicated in the separate sheet No. 2, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 36, 26, 29.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4 (including the number of partial heading, hereinafter the same shall apply), Eul evidence Nos. 1 to 1, the result of the on-site verification by this court, the result of the appraiser B's survey and appraisal, the determination as to the ground of claim for the whole pleadings

A. According to the above facts, the defendant, at least from around 1995 to occupy and manage each of the land of this case as a road without any legal cause, gains profit equivalent to the rent for each of the land of this case and thereby causes damage equivalent to the plaintiff's amount. Thus, the defendant is obligated to pay to the plaintiff the amount equivalent to the rent for each of the land of this case as unjust enrichment return, unless there are other special circumstances.

B. As to the amount of unjust enrichment to be returned by the Defendant, the basic price of the land for calculating the amount of unjust enrichment to be returned to the owner of the land by a person who occupies another’s land without title shall be assessed based on the actual conditions of use at the time when the possessor commences possession.

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