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(영문) 창원지방법원 2014.10.10 2013가단81753

부당이득금

Text

1. The defendant shall be the plaintiff.

(a)payment of 53,850,322 won;

B. From January 1, 2014, the Defendant’s Schedule to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff and the defendant completed the marriage report on March 2, 1989.

B. On June 30, 2003, the Defendant completed the registration of ownership transfer for the reasons of sale on June 1, 2003, the receipt of the Changwon District Court (No. 56283) regarding the real estate stated in Paragraph (1) of the Attached List No. 1, the Defendant completed the registration of ownership transfer for the real estate listed in Paragraph (2) of the Attached List No. 10601, Feb. 11, 2004.

C. On July 2, 2007, the Defendant completed the registration of partial transfer of ownership based on donation to the Plaintiff with respect to the portion of 1/2 of each real estate listed in the separate sheet (hereinafter “each real estate of this case”). On October 29, 2008, the Plaintiff completed the registration of transfer of ownership based on donation to the Defendant with respect to the share of 1/2 of the above real estate on October 29, 2008.

On June 4, 2010, the Defendant again completed the registration of transfer of shares on May 24, 2010 with respect to one-half shares of each of the instant real estate to the Plaintiff.

On the other hand, the plaintiff and the defendant shared consultations on August 9, 2010, and the plaintiff left each real estate of this case on the same day, and the defendant is residing in each real estate of this case.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2, and 2-1, the purport of the whole pleadings and arguments

2. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion is that the Plaintiff is the co-owner of each of the instant real estate from June 4, 2010, to whom the Defendant transferred the 1/2 shares of each of the instant real estate from the Defendant, and the Defendant, after June 4, 2010, obtained unjust enrichment equivalent to the rent, while independently using and using each of the instant real estate after transferring the said shares to the Plaintiff. As such, the Defendant, from June 4, 2010 to December 31, 2013, is obligated to pay the Plaintiff KRW 58,265,00, which is 1/2 of the amount equivalent to the rent for each of the instant real estate from June 4, 2010, and from January 1, 2014 to the completion date of delivery of 1/2 of the instant real estate from January 1, 2014 to December 35, 2000.

B. Liability for return of unjust enrichment