부당이득반환
1. The Defendant: (a) KRW 10,000,000 for the Plaintiff and 5% per annum from May 1, 2015 to February 21, 2016; and (b) the Plaintiff.
1. Basic facts
A. The Plaintiff, from the Defendant, leased approximately 95 square meters of the Gyeyang-gu, Incheon, Gyeyang-gu, the Defendant, 626 square meters on the ground, which was owned by the Defendant, for the lease of KRW 10 million on September 6, 2006, and KRW 1.3 million on monthly rent.
B. In around 2007, the defendant sold the above land, building, etc. to the non-party LAC Co., Ltd., and thereafter, the non-party LAC Co., Ltd. (hereinafter "the non-party company") completed the registration of transfer of ownership on October 29, 2009 after completing the trust registration with respect to the above land.
However, the defendant from the time of the above transfer registration to the non-party company.
Until there has been a door-to-door visit, the sum of 2,5750,000 won (one month from November 2009 to April 2012) has been received from the plaintiff who was unaware of the circumstances of change in ownership of real estate.
C. After that, in May 2012, Nonparty Company visited the Plaintiff, a land occupant, and requested Nonparty Company to pay the amount equivalent to the rent incurred in the future by disclosing that Nonparty Company is the owner of the pertinent land.
In the process, the Plaintiff delivered the details of the Non-Party Company’s above demands to the Defendant, and paid KRW 5 million to the Non-Party Company as a fee on June 2012.
(D) However, with respect to the subject and scope of the foregoing payments payable to him, there is dispute in the following proceedings:
On December 12, 2014, a non-party company filed an extradition suit against the plaintiff on the above-ground building, etc. (this court 2014da257133), and the lawsuit is pending in the first instance trial. As a incidental claim, the non-party company sought to pay the amount equivalent to the rent from October 30, 209, which is the day following the date of the above transfer registration.
[Ground for Recognition: Facts without dispute, Gap 1 to 3 evidence, Eul 1 to 5 evidence (including partial number of evidence)]
2. Determination on the claim for restitution of unjust enrichment
A. The Plaintiff, as above, owns the above land as of October 29, 2009.