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(영문) 광주지방법원 2016.02.18 2015가단3483

부당이득금반환

Text

1. The defendant

(a) KRW 5,805,060 and for this, 5% per annum from November 5, 2015 to February 18, 2016.

Reasons

Facts of recognition

C owned each real estate listed in paragraphs 1, 2-A, 3, and 5 of the attached list (hereinafter “instant real estate”), and died on April 24, 199.

On February 11, 2015, the Plaintiff (AD’s son who died on March 25, 1993) and the Defendant (D’s son or inheritor) completed the registration of ownership transfer based on the Plaintiff’s name, 12/252 shares, and 42/252 shares, in the Defendant’s name, according to each share of inheritance.

From the time of death of C, the Defendant exclusively uses the instant real estate by leasing it to another person.

During the period from March 11, 2005 to March 11, 2015, the amount equivalent to the rent for the instant real estate is KRW 133,594,700, and the amount equivalent to the monthly rent for the instant real estate after March 12, 2015 is KRW 1,238,90.

[Ground of recognition] In light of the fact that there is no dispute, Gap evidence Nos. 1, 8, and Eul evidence Nos. 2, and the purport of the whole pleadings, the defendant, who is the co-owner of the land of this case, has exclusively occupied and used the land of this case, thereby gaining profit equivalent to the rent, and the plaintiff suffered loss within the scope of his co-ownership.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of money calculated by the ratio of 6,361,609 won equivalent to the rent from March 11, 2005 to March 11, 2015 (i.e., within the scope of the calculation result of 133,594,700 won x 12/252), and damages for delay, as claimed by the Plaintiff, and 58,700 won per month from March 12, 2015 to the date of loss of Plaintiff’s ownership in the instant land or the date of termination of Defendant’s possession (i.e., within the scope of the calculation result of 1,238,900 x 12/252).

In this regard, the Defendant has paid KRW 2 million each year to the spouse of C E and co-inheritors, who are the spouse of C and co-inheritors with the income from the lease of the instant real estate to other.