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Reasons
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(영문) 인천지방법원부천지원 2017.08.09 2016가단114387
부당이득금
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1. The Defendant’s KRW 6,471,33 as well as the Plaintiff’s KRW 5% per annum from October 14, 2016 to August 9, 2017, and the following.

Reasons

1. Facts of recognition;

A. The Kimpo-si B road No. 370 square meters (hereinafter “instant land”) was owned by C. As to this, the registration of ownership transfer in the name of D on June 8, 200, and the registration of ownership transfer in the same day was completed, and the Plaintiff purchased it in the auction procedure for real estate rental in Busan District Court Seocheon-gu, Incheon District Court on February 13, 2013, and the registration of ownership transfer was completed in the name of the Plaintiff on February 21, 2013.

B. The instant land is currently offered for the general public’s passage as a road.

The amount equivalent to the rent for each period of the land of this case in consideration of the above situation of use is as follows:

The applied unit price of a period (won/land), expected interest rate for the period of time, and the rental fee for 200 on February 13, 2013 to February 12, 2014, 265,65,000 4% from 10,626,000 to February 13, 2014; 10,626,000 to February 12, 2015; 275,370,370; 10,464,000 for 10,464, 2008; 30.30,70, 208, 208, 208, 30, 208, 208, 30, 208, 200, 208, 300, 200, 715, 000, 308, 2016

2. The assertion and judgment

A. 1) The plaintiff's assertion 1) since the defendant occupied the land of this case owned by the plaintiff and thus unjust enrichment amounting to the rent amount, the defendant is obligated to pay the plaintiff the money stated in his claim. 2) The defendant's assertion Da was an exclusive and exclusive right to use and benefit from the land of this case, and the plaintiff was aware of this fact and purchased the land of this case. Na) The land of this case was owned by C. The transfer registration in D's name is null and void, and the transfer registration of ownership in the plaintiff's name, which is based on the invalid registration, is also registered as invalid, and the transfer of ownership in D's real inheritance share 1.

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