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(영문) 춘천지방법원강릉지원 2015.10.14 2015가단72
임대료
Text

1. Of the instant lawsuit, the part demanding the payment of KRW 3,668,400 shall be dismissed.

2. The Defendants jointly do so.

Reasons

1. Facts of recognition;

A. The Plaintiff was awarded a successful bid on November 12, 2013.

B. However, the Defendants occupied and used the instant real estate without any title from that time until the date of closing the argument in this case.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 (=No. 4), Gap evidence 2 and 3 (including provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, since the Defendants occupied and used the instant real estate owned by the Plaintiff without any title, they are obligated to return unjust enrichment therefrom to the Plaintiff, and in its nature, they are in a non-joint and several relationship.

Furthermore, according to the case’s appraisal of unjust enrichment to be returned by the Defendants, the amount equivalent to the rent of the instant real estate from November 12, 2013 to August 14, 2015 is 4,932,50 won (=2,839,440 won (from November 12, 2013 to November 11, 201), 2,093,060 won (from November 12, 2014 to August 14, 2015) (the amount is 0.5 won to August 14, 2015). The amount equivalent to the rate of KRW 230,67,000 [2,68,068,000 won] calculated on August 14, 2015 to KRW 20,000 x 05,005 won (the basic amount of KRW 40,065,000] calculated on August 14, 2015].

It is called the money calculated at the ratio of the corporation.

Therefore, the Defendants jointly claim the Plaintiff’s unjust enrichment amounting to KRW 4,932,50 (1) and the Plaintiff’s claim as of September 2, 2015, which contain the expression of intent to demand performance.

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