손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. Basic facts
A. On April 25, 2014, the Plaintiff acquired the ownership of the said real estate by winning a successful bid for D apartment 512 Dong-dong 106 (hereinafter “instant real estate”) in the procedure for the compulsory auction at Sung-nam District Court Sung-nam Branch C for the compulsory auction at Sung-nam District Court.
B. On May 13, 2014, the Plaintiff intended to execute the said provisional disposition on May 21, 2014, upon receiving a provisional disposition order against Suwon District Court 2014Kadan1587 from the former owner E of the instant real estate upon acquiring the instant real estate, but failed to execute the said provisional disposition as the Defendant occupied the instant real estate.
C. On May 30, 2014, the Plaintiff issued a provisional disposition order against the Defendant on June 9, 2014, upon receiving a ruling on temporary injunction against the transfer of real estate possession (Seoul District Court Branch 2014Kadan50483) from the Defendant.
The Defendant resided in the instant real estate without paying management expenses for the instant real estate, and transferred the instant real estate to the Plaintiff on July 30, 2014.
E. On October 2, 2014, the Plaintiff paid management expenses of KRW 482,120 for the management expenses for common use of the instant real estate from November 2, 2013 to April 24, 2014, and KRW 942,020 for the aggregate of KRW 459,900 for the management expenses for the instant real estate from April 25, 2014 to July 29, 2014 (i.e., KRW 482,120 for KRW 459,900) to the management body of the instant real estate.
F. Meanwhile, from April 25, 2014 to July 30, 2014, the rent for the instant real estate is KRW 830,000 per month.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, Eul evidence 5, the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged earlier, the Defendant: (a) occupied the instant real estate without the Plaintiff’s consent from April 25, 2014 to July 30, 2014, in which the Plaintiff acquired the ownership of the instant real estate; and (b) obtained unjust enrichment equivalent to the rent for the instant real estate; and (c) thereby, incurred a loss equivalent to the same amount.