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(영문) 서울북부지방법원 2017.01.13 2016가단119677
부당이득금반환
Text

1. The defendant shall be the plaintiff.

A. Of the land size of 363 square meters in Seoul Jung-gu B, Seoul, the attached Form No. 7, 2, 3, 11, 10, 9, 8, and 7 are the same.

Reasons

1. Facts of recognition;

A. On March 30, 2012, the Plaintiff completed the registration of ownership transfer with respect to B large 363 square meters (hereinafter “Plaintiff’s land”).

B. Among the Plaintiff’s land, the portion of 13 square meters is being supplied as a road in sequence of each point of 7, 2, 3, 11, 10, 9, 8, and 7 of the annexed drawing indication 7, 2, 3, 11, 10, 9, 8, and 7. The Defendant

C. Among the Plaintiff’s land, the Plaintiff’s portion of 24 square meters in part (hereinafter “instant land”) is provided as a passage along which a sidewalk block is installed, which connects each point of 1, 7, 8, 9, 10, 11, 12, 6, and 1 in sequence among the items of 1, 7, 8, 9, 10, 12, 6, and 24 square meters in part (hereinafter “part 13 square meters in a ship and part 2

[Ground of recognition] Unsatisfy, entry of Gap 1 through 7 evidence, fact-finding results of this court's inquiry about Jung-gu Seoul Metropolitan Government, the result of this court's entrustment of appraisal to appraiser C, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the Defendant occupied the instant land owned by the Plaintiff without permission. Thus, barring any special circumstance, barring any special circumstance, the Plaintiff is obligated to remove the database installed on a part of 13 square meters of the Plaintiff’s land in sequence of each of the following points: (a) a asphalt package installed on the part of 13 square meters of the Plaintiff’s land; and (b) a sidewalk block installed on the part of 24 square meters of the same drawing; and (c) a sidewalk installed on the part of 1,7,8,9,9,10,11, 12, 6, and 1, connected each point in sequence; and (d) the Plaintiff is obligated to deliver the instant land.

B. In addition, the Defendant is obligated to return to the Plaintiff unjust enrichment equivalent to the rent from the Plaintiff’s acquisition date of ownership on the instant land until the delivery date of the instant land.

Comprehensively taking into account the results of the commission of appraisal of rent and the purport of the entire pleadings against appraiser D by this court, the rent for the instant land from April 1, 2012 to August 17, 2016 is as listed below, and the rent thereafter is KRW 125,430,00 based on the basic price 261,312.5 per month x expected rate 0.025 x 0.025 x 1.

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