(영문) 제주지방법원 2020.06.22 2019가단9438

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(영문) 제주지방법원 2020.06.22 2019가단9438

부당이득금

Text

1. The defendant shall be the plaintiff.

(a) 1,079,740 won and 778,570 won among them shall be from December 28, 2019 to 301,170.

Reasons

1. In full view of each of the statements in Gap evidence Nos. 1, 2, and 4 (including paper numbers), the plaintiff completed the registration of transfer of ownership on July 19, 1982 for each of the real estate listed in the separate sheet Nos. 1, 2, and 4 (including paper numbers) on the ground of auction on May 31, 1982. The real estate listed in the separate sheet Nos. 1, 2, were changed to a road on November 11, 1972. The real estate listed in the separate sheet No. 3 was changed to a road on October 7, 1974. The above real estate was used as a road by the defendant's management.

Therefore, the defendant is obligated to pay to the plaintiff unjust enrichment equivalent to the rent for the possession and use of the above real estate that the plaintiff seeks.

(2) As to this, the Defendant asserts that the Plaintiff’s exercise of ownership can not be found even with knowledge that the Plaintiff had been used as a road for a total period of time, and thus, the Plaintiff’s exclusive and exclusive right to use and profit from the road was waived. The Defendant’s assertion is without merit, on the grounds that there was no evidence to acknowledge that the Plaintiff renounced the right to use and profit from the road, and that the Plaintiff acquired the ownership through a successful bid, and that the Plaintiff was about 37 years thereafter.

2. According to the result of the commission of appraisal of rent to appraiser C by this court, the scope of unjust enrichment return: (a) the rent for the real estate stated in attached Table 1 from January 1, 2015 to December 31, 2019 that the Plaintiff seeks after the commencement of the Defendant’s occupation (i.e., KRW 14,300 in the year 2015, KRW 21,800 in the year 2016, KRW 32,400 in the year 2017; (b) KRW 45,400 in the year 2018; (c) KRW 44,90 in the year 2020; and (d) the rent for the year 2020 in the year 30 years ; (d) KRW 14,80 in the year 2015 to December 31, 2019; and (d) the rent for the real estate in attached Table 2 from January 1, 2016 to 2016

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