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(영문) 대구지방법원 2017.10.26 2017나305674
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On December 30, 2015, the registration of ownership transfer was completed in the Plaintiff’s name with respect to 2/5 shares of 2/5 square meters among 20 square meters in Chocheon-gun, Gyeongcheon-gun (hereinafter “instant one”) and on November 18, 2015, the registration of ownership transfer was completed in the Defendant B’s name with respect to 3/5 shares.

B. On December 30, 2015, the registration of transfer of ownership was completed in the name of the Plaintiff on December 30, 2015 with respect to E, large 101 square meters (hereinafter “instant two land”).

C. Defendant C occupies and uses a part of “1” portion on the instant land, which was connected in order to each point of Annex 1, 2, 3, 4, 5, 6, 7, and 1 among the instant land, and a part of “4” portion on the ship connected in order to each point of Annex 6, 5, 11, 10, 12, 13, and 6 of Annex 1 among the instant land 2.

Defendant B, in sequence of the matters indicated in the annexed drawing Nos. 2, 8, 9, 5, 4, 3, and 2 among the land in this case, occupied and used a part of “2” and “5 square meters in the connected ship” part of “5 square meters in the order of 5, 9, 10, 11, and 5 of the annexed drawing Nos. 1 among the land in this case and the two land in this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 12, the purport of the whole pleadings

2. Requests for return of unjust gains:

A. According to the facts of recognition prior to the determination on the cause of the claim, barring any special circumstance, Defendant B is obligated to return to the Plaintiff the amount equivalent to 2/5 of the Plaintiff’s share in the land in the attached Form 1 of the instant land from December 30, 2015 to the time Defendant B loses possession of each of the above land from December 30, 2015 to December 30, 2015, and the amount equivalent to 2/5 of the Plaintiff’s share in the land in the instant case, and the amount equivalent to the rent for the portion relating to “v

In addition, from December 30, 2015, the Plaintiff acquired ownership from December 30, 2015 to the time Defendant C loses possession of each of the above lands, Defendant C is the amount equivalent to 2/5 of the Plaintiff’s share interest out of the rent for the portion of “A” in the annexed Form 1 of the instant land.

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