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(영문) 수원지방법원안양지원 2016.12.23 2015가단110803
부당이득금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Of the land indicated in the attached list (hereinafter “instant land”), the Plaintiffs (Plaintiff Co., Ltd. (Plaintiff Co., Ltd.) completed the registration of transfer of ownership on May 7, 2010 as the receipt of No. 29607 of this Court on the ground of sale and purchase from D on April 8, 2010, with respect to “106 square meters of land,” among the land indicated in the attached list (hereinafter “instant land”). The Plaintiffs (Plaintiff Co., Ltd., Ltd.) completed the registration of transfer of ownership on the “254 square meters of Sinyang-si E-ro, Seoyang-si.” as to “5/10 of the Plaintiff Co., Ltd., Ltd., Ltd., 3/10, Plaintiff A3/10 of the Plaintiff Co., Ltd., Ltd., and Plaintiff B B/10 of the ownership on April 8, 2010.

B. As to the instant land, from September 1975, it was used as a road, and the land category was changed to a road around September 1984, and the Defendant currently occupies and manages it.

C. The rent of 14,196,000 won from February 20, 201 to February 19, 2016 (4,680,000 won when a road is assessed) and the rent of 242,000 won after February 20, 2016 (80,000 won when a road is assessed on February 20, 201), and the rent of 14,512,000 won from February 20, 201 to February 19, 2016 from February 20, 2016 (14,4,47,000 won when a road is assessed on February 19, 201).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 4 and Eul evidence 3 (including each number), the result of the commission of appraisal of rent to appraiser G by this court, the purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. The Defendant asserted that the Plaintiffs asserted that the instant land was occupied and used as a road, and thus, as unjust enrichment, ① the Plaintiff Co., Ltd.’s claim and claim as to the instant land C and E as of February 20, 201 to February 19, 201, namely, KRW 7,098,00, and the instant land C and E as of August 30, 201.

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