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(영문) 의정부지방법원 고양지원 2018.10.10 2018가단79588
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) KRW 4,743,38 as well as 5% per annum from May 31, 2018 to October 10, 2018; and

Reasons

1. Facts of recognition;

A. On December 23, 1978, the Plaintiff acquired the ownership of C forest land of 64,959 square meters in Pakistan-si.

On July 16, 2013, the area of the said forest was reduced to 64,575 square meters as the area of the said forest was reduced to 64,575 square meters on the following grounds: (a) the land was divided into 160 square meters among the forest land in question and became D land in Pakistan; and (b) on August 9, 2016, 2204, the remaining forest land

(hereinafter referred to as “instant forest”) b. forest land in the present area.

On October 21, 2008, the Defendant completed the registration of transfer of ownership on a F.90 square meters and its ground (hereinafter “the instant housing”) in relation to the instant forest on October 21, 2008, for sale and purchase as of October 17, 2008. From the date of the purchase of the instant real estate, the Defendant used the portion (b) section 235 square meters and 235 square meters (hereinafter “the instant housing site”) that connects the respective points of the instant forest, among the instant forest, from the date of the purchase, to the passage of the good offices located in line with the indication of drawings 8, 32, 33, 11, 12, 13, 14, 15, 16, 39, 38, 37, 36, 35, 34, 7, and 8.

In addition, the Defendant, from that time, installed one plastic house on the ground of the portion of “A” connected in order to each point of Annex 1 drawing Nos. 1, 2, 3, 4, and 1 among the forest land in the instant case and one plastic house on the ground of 11 square meters connected in sequence of each point of Annex 5, 6, 7, 8, and 5 (hereinafter referred to as “B” and “a plastic house site”), which was removed on April 8, 2018.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1-1, 2, 3, Gap evidence 2 and 3, and purport of whole pleadings]

2. Assertion and determination

A. The Defendant established the obligation to return unjust enrichment, from October 17, 2008 to April 8, 2018, occupied and used a site and a plastic house site in the instant forest owned by the Plaintiff, from October 17, 2008 to April 8, 2018. The Plaintiff suffered losses equivalent to the rent, while the Defendant gains profits equivalent to the said rent. Thus, the Defendant passes through the Plaintiff from October 17, 2008 to April 8, 2018.

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