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(영문) 대전지방법원 서산지원 2018.10.16 2018가단51442
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) 14,793,210 won and 15% per annum with respect thereto from October 3, 2018 to the date of complete payment.

Reasons

1. In full view of the following: (a) the Plaintiff owned each parcel of land listed in the separate sheet No. 1 from February 9, 2006 to the entire purport of the pleadings and records No. 1; and (b) the Defendant owned each parcel of land listed in the separate sheet No. 2 from the Plaintiff’s acquisition of the Plaintiff’s ownership, and possessed each parcel of land listed in the separate sheet No. 2 from each parcel of land listed in the separate sheet No. 2

According to the above facts, the defendant is obligated to return the rent equivalent to the above occupation portion to the plaintiff as unjust enrichment.

2. Scope of return of unjust enrichment (based on recognition: Evidence A No. 5).

A. Following the Plaintiff’s request from September 25, 2014 to August 8, 2018, see Attached Table 3 (Evidence 5, No. 14,793,210 won equivalent to the rent for the part occupied by the Defendant (Evidence 5, No. 18), i.e., the rent from September 25, 2014 to February 8, 2015, multiplied by 1,884,00 won per annum from February 9, 2014 to February 8, 2015, and 2) the remainder is recognized as the same amount as the corresponding part of the said Table.

Pursuant to the Plaintiff’s claim, KRW 155,390 per month equivalent to the rent for the part occupied by the Defendant after August 9, 2018

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim for conclusion is reasonable.

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