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(영문) 수원지방법원평택지원 2019.07.25 2018가단63424
부당이득금반환
Text

1. The Defendant: 24,915,930 won to Plaintiff A and 5% per annum from November 13, 2018 to July 25, 2019; and

Reasons

1. Basic facts

A. On December 27, 2007, the Plaintiffs inherited each share of 113.1/579 of the net G of 579 square meters (hereinafter “instant land”) prior to Pyeongtaek-si F (hereinafter “instant land”).

B. On August 17, 2017, with respect to Plaintiff B’s share, the registration of ownership transfer was completed in the name of Pyeongtaek-si on September 25, 2017 on the ground of public sale on August 17, 2017.

B. The Defendant occupied and used the instant land from June 23, 2017.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant, from June 23, 2017, obtained benefits equivalent to the benefits of use by occupying and using the instant land from June 23, 2017. Accordingly, the Plaintiffs suffered damages equivalent to the Plaintiffs’ share in the instant land.

Furthermore, as to the amount of unjust enrichment to be returned by the Defendant, the amount of profit from the possession and use of the real estate in ordinary cases is equivalent to the rent of the real estate. According to the appraiser H’s appraisal result, from June 23, 2017 to June 22, 2018, the ordinary rent of the instant land is KRW 5,983,00 per month, and the annual rent of the instant land is 6,195,30 per annum from the next day to March 22, 2019 to March 2, 2019 x 3.00 per annum from the next day to June 3, 2015 x 93.5 x 195 x 29 x 3.5 x 196 x 29 x 193 x 205 x 19 x 19 5 x 19 x 205 x 19 19 ;

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