beta
(영문) 인천지방법원 2019.10.10 2019가단200002

부당이득금

Text

1. The Defendant’s KRW 4,612,00 as well as 5% per annum from July 9, 2019 to October 10, 2019 to the Plaintiff.

Reasons

1. On June 19, 2012, the Plaintiff acquired ownership of 1/2 shares in the third floor among the land buildings located in Michuhol-gu Incheon Metropolitan City (hereinafter “instant building”) and around May 18, 2012, acquired ownership of 1/2 shares in the fourth floor among the instant buildings.

On December 12, 2018, the Plaintiff acquired ownership of 1/2 shares of the third floor among the instant buildings, and on January 28, 2019, ownership of 1/2 shares of the fourth floor among the instant buildings.

The third floor of the building of this case is classified into four units from Nos. 4 to E, and the fourth floor into F and G units 2 units.

Without concluding a lease contract, etc. with the Defendant, from March 12, 2018 to June 30, 2018, the Defendant occupied and used outer walls for posting the instant building Nos. 4, H, e, Ga, G, and banner (hereinafter “the instant building section”) for the purpose of his/her election office in Michuhol-gu.

2. The assertion and judgment

A. According to the above facts, the Defendant is obligated to return to the Plaintiff unjust enrichment regarding the possession and use of the instant building portion without any legal cause from March 12, 2018 to June 30, 2018.

Furthermore, the plaintiff asserts that the defendant continuously occupied and used the building portion of this case without permission from June 2019, in addition to the above period until June 2019. However, there is no evidence to acknowledge this, the plaintiff's above assertion is without merit

B. On the other hand, the Defendant asserted that, around March 2018, the Plaintiff could not accept the Plaintiff’s claim because the Defendant entered into a lawful lease agreement with the agent J on the instant building and occupied and used it. Thus, there is no evidence as to the fact that, as alleged by the Defendant, I or J, even if the Defendant entered into a lease agreement with the agent J on the instant building and occupied and used the instant building, I or J had a legitimate right to lease the instant building from the Plaintiff.