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(영문) 의정부지방법원고양지원 2015.01.08 2013가단35361
부당이득금반환
Text

1. The Plaintiff:

A. Defendant Goyang-si: 17,232,920 won, and 5% per annum from September 25, 2014 to January 8, 2015.

Reasons

1. In full view of Gap evidence Nos. 1, 4, 5 (including partial numbers), and the result of the on-site inspection of this Court, appraiser D and E: on December 27, 2012, the plaintiff acquired the ownership of 65 square meters in Seoyang-gu B (hereinafter "the land of this case") and C 287 square meters (hereinafter "the two land of this case") on December 27, 2012; on 1, the attached Table Nos. 2 through 7, 25, 24, 23, 22, 21, and 2. The land of this case is 2.0 square meters and 200 square meters, 1, 212 square meters, 200 square meters and 200 square meters, 200 square meters, 3.0 square meters and 3.0 square meters of the land of this case among the land of this case, and 200 square meters or less, 200 square meters of the land of this case.

According to the above facts, barring any special circumstance, the Defendants are deemed to have obtained unjust enrichment equivalent to the rent by occupying part of the instant land 1 and 2 owned by the Plaintiff. Thus, the Defendants’ damages for delay calculated at the rate of 20% per annum under the Civil Act from September 25, 2014 to January 8, 2015, which is the date of this judgment sought by the Plaintiff from September 25, 2014, and from September 25, 2014, from September 25, 2014 to the date of full payment, and from September 2014 to the date of full payment, the Defendants’ damages for delay calculated at the rate of 17,232,920 won per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

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