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(영문) 수원지방법원 2017.03.09 2016가단507082
부당이득금
Text

1. The defendant 3,485,769 won for each of the plaintiffs A and B, 2,323,846 won for the plaintiff C, 387,307 won for the plaintiff D and 774.

Reasons

1. Determination as to the cause of claim

A. In full view of the facts of recognition Gap evidence Nos. 1, 3-2, and Gap evidence Nos. 1, 2-2, and 2-2, the results of the appraiser F’s survey and appraisal, the whole purport of the arguments of appraiser G’s fee appraisal results, the following facts are recognized:

1) H. H. H. 1587 square meters (hereinafter “instant land”) in e.g., Seosung-si.

(1) On October 19, 1976, Plaintiff A acquired 2/36 shares of the Plaintiff’s share on the ground of inheritance by agreement division division division division division as of October 201; Plaintiff B 1/4 shares on the ground of inheritance by agreement division division division as of May 7, 1985; Plaintiff C 6/36 shares on the ground of inheritance as of January 19, 1976; Plaintiff D 1/36 shares on the ground of inheritance as of January 19, 1976; Plaintiff E acquired 2/36 shares on the ground of inheritance as of January 19, 1976; Plaintiff B acquired the remaining 1/4 shares of the Plaintiff’s share on the ground of consultation and transfer registration as to each of the shares of the Plaintiff’s share on the ground of public acquisition on the ground of consultation on May 15, 2015.

3) Part (a) of the instant land connected in sequence 20, 3, 4, 32, 33, 34, 35, 7, 36, 37, 38, 12, 13, 31, 30, 29, 28, 27, 26, 25, 24, 23, 22, 21, and 20, among the instant land, the area of which is 114 square meters in line, and 32, 5, 39, 34, 33, and 32, 34, 32, and 32 square meters in line with the indication of the attached drawing, among the instant land, are combined in line with each point of (c) section 72 square meters in line with the indication of the same drawing, 36, 8, 41, 42, 11, 37, and 36.

(4) From March 2, 2011 to May 15, 2015, when the instant land is used as a road by the Defendant as of March 28, 2005, the amount equivalent to the rent in the event that the instant land is used as a road from March 2, 2011 to December 15, 2015, which was five years retroactively from the filing date of the instant lawsuit.

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