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(영문) 수원지방법원 2015.09.10 2014가단54980
지료청구
Text

1. From July 1, 2006 to the Plaintiff, the Defendant is a multi-family household with a red tank 181.3 square meters above land in Suwon-gu, Suwon-gu, Suwon-si.

Reasons

1. Determination as to the cause of claim

A. In full view of the purport of the pleadings as a result of appraisal of unjust enrichment claim Nos. 1 through 3 and appraisal of appraiser D’s rent, the Plaintiff filed a lawsuit against the Defendant on June 9, 2006 against Suwon District Court 2005Gahap10855, and filed a lawsuit for removal of the building. “The Defendant may recognize the fact that the Plaintiff exceeded KRW 30,306,000,000,000,000,000 for the first floor, 74.75 square meters, 74.75 square meters, 74.75 square meters, and 50.59 square meters (hereinafter “the building of this case”) on the ground of Suwon-si, Suwon-gu, Suwon-gu, Suwon-si, Suwon-si, and the lower court determined that the amount equivalent to the land of this case exceeds KRW 383,300,000,00 for the Plaintiff.”

According to the above facts, the defendant is obligated to pay the plaintiff the land of this case with unjust enrichment calculated at the rate of KRW 833,330 per month from July 1, 2006 to the date of demolition of the building of this case, which is claimed by the plaintiff after the above final judgment.

B. While the Plaintiff sought delivery of the building of this case, there is no evidence to prove that the Plaintiff had the right to seek delivery of the building of this case, and this part of the Plaintiff’s assertion is rejected.

2. As such, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.

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