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(영문) 의정부지방법원 2020.11.26 2020나203917
부당이득금
Text

The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

Reasons

1. The court's explanation of this case is identical to the part of the reasoning of the judgment of the first instance except for the following reasons. Thus, the court's explanation of this case is accepted by the main sentence of Article 420 of the Civil Procedure Act.

The second part of the judgment of the first instance is "10,000,000 won" in the second part of the judgment of the court of first instance as "10,000,000 won for lease deposit."

The second part of the judgment of the court of first instance is that “A refusal to deliver is being made” in the second part of the judgment of the court of first instance is that “The delivery was completed on April 1, 2020 with respect to each of the instant real estate.”

The following shall be added to the fifth sentence below the judgment of the first instance.

4. Determination as to the claim for damages caused by the tort

A. The Plaintiff acquired the ownership of each of the instant real estate on April 4, 2019, and the Defendant occupied each of the instant real estate from April 4, 2019 to April 1, 2020, which the Plaintiff acquired the ownership of each of the instant real estate. There is no dispute between the parties. The fact that the Defendant did not have the right of retention or right of simultaneous performance to oppose the Plaintiff’s claim for extradition of each of the instant real estate. As seen earlier, the Defendant is liable to pay damages for the said period on the ground that the Plaintiff illegally occupied each of the instant real estate.

B. In ordinary cases regarding the scope of liability for damages, the amount of damages caused by the illegal possession of the real estate is equivalent to the rent for the real estate. According to the result of a commission from the court of first instance for appraisal of rent against appraiserF, it is recognized that the Plaintiff’s monthly rent for each of the instant real estate from April 4, 2019 to July 4, 2019, which acquired the ownership of each of the instant real estate from April 4, 2019, constituted 1,327,162, and thereafter, rent from July 5, 2019 to April 1, 2020, which the Defendant delivered each of the instant real estate to the Plaintiff, is confirmed as the above amount.

(c).

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