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Reasons
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(영문) 인천지방법원부천지원 2015.11.11 2015가단1293
부당이득금반환 등
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1. The Defendant (Appointed Party) and the appointed parties jointly do so to the Plaintiffs:

(a) 74,64,300 won and 5,256,260 won among them;

Reasons

1. Facts of recognition;

A. The Plaintiffs, on February 10, 2006, acquired the ownership of “Dacheon-gu, Seocheon-gu, Seocheon-gu, 522m2” (hereinafter “instant land”) and jointly owned it until now.

B. The Defendant (Appointed Party) and the appointed parties (hereinafter referred to as the “Defendants”) jointly occupy and use the part of the “C&C” type 204m2 (hereinafter referred to as the “the part of the land in dispute of this case”) among the land in this case prior to the date of acquisition of the Plaintiff’s ownership on the land in this case, as co-owners of the building on the ground of the instant land (i.e., g., secta sium appraisal house 1 unit 38 square meters per unit, 1 unit 38 square meters per unit (hereinafter referred to as the “instant house”).

C. The amount equivalent to the rent for the portion of the land in the instant dispute is as indicated below in the list of the details of rent, and it is presumed that the rent after July 10, 2015 is equivalent to KRW 740,930 per month.

[3. Monthly rent (won) annual rent (cost) from February 10, 2006 to February 10, 2007. 438,0205, 256, 260.2.10 to February 5, 2008 to February 545, 950, 480 to February 10, 2008; 603.603,907, 247, 970; 209.3.5 to October 10, 2010 to October 29, 2010; 205.3.68, 207.10 to October 29, 2010 to October 29, 2010; 205 to 3.628,50 to 30.6,50 to 30.6,50 to 305 to 30.6,297; 2010 to 29.38

2. Determination

A. According to the above facts of recognition, the defendants have the duty to return unjust enrichment equivalent to the rent due to the possession and use of the land of this case to the plaintiffs, unless there are special circumstances.

As to this, the defendants are on the grounds of the change of rights to the land of this case, the reasons why the defendants occupied and used the land of this case and buildings of this case, and the process and motive of acquiring the plaintiff's ownership.

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