지연이자 및 임료상승분 청구의 소
1. The defendant shall be the plaintiff.
(a) KRW 645,709,649 as well as 20% per annum from February 17, 2015 to September 30, 2015; and
The summary of the instant case is the case where the Plaintiff, who had occupied underground shopping malls owned by the Plaintiff, sought damages for delay against the Defendant for unjust enrichment that occurred during the period of the final and conclusive judgment ordering the Plaintiff to pay unjust enrichment equivalent to the rent corresponding to the fixed fund by the delivery and delivery date of underground shopping malls, and sought to change the amount of the paid unjust enrichment by increasing the amount of the paid unjust enrichment.
In fact, on March 16, 1987, the Plaintiff (formerly: the subway Corporation), the owner of the high-speed bus terminal stations of subway 3 lines and high-speed bus terminals, entered into a contract with the Defendant to use the instant commercial building free of charge for 20 years.
On April 4, 2007, the Seoul Central District Court 2007da113647, the Plaintiff filed a lawsuit against some lessees who leased the instant commercial building from the Defendant and the Defendant for the delivery of a store following the extinguishment of the Defendant’s right of free use, and for the payment of unjust enrichment equivalent to the rent from November 11, 2005 to the delivery date.
On February 17, 2010, the first instance court rendered a judgment accepting the Plaintiff’s claim (excluding the claim against A, which is not recognized as possession among the co-defendants of the above case) on the grounds that the Defendant’s right of free use was expired from November 11, 1985 to November 10, 2005 after the lapse of 20 years from November 10, 2005, which was the date of the lease of the commercial building of this case. Accordingly, the Defendants appealed as Seoul Central District Court 2010Na13984.
On May 17, 2011, the appellate court dismissed an appeal on the same grounds as the judgment of the first instance court rendered on July 15, 2011, and rendered a judgment of accepting all claims for payment of unjust enrichment reduced by the Plaintiff following the repayment of the Defendants of the instant case from November 11, 2008 to the delivery date. The said judgment was rendered by Supreme Court Decision 201Da87457 Decided November 13, 201.