편취금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
C around May 2010, around 2010, entered into an exchange contract with D and C to exchange a total of 9,604 square meters of land E, F, G, and H (hereinafter “instant land”).
D On May 31, 2010, the Plaintiff and D have concluded an exchange contract (hereinafter “instant exchange contract”) with the terms that the Plaintiff would transfer the ownership of 1, 2 and 11 lots of land at the time of permanent residence, including the instant land, to the Plaintiff, and that the Plaintiff would transfer the ownership of 1, 2 and 2 floors among the 2nd and multi-household living facilities and multi-household dwelling facilities in Eunpyeong-gu Seoul, Seoul, and the Plaintiff’s inheritance shares (hereinafter “instant building”).
On June 21, 2010, the Plaintiff completed the registration of ownership transfer of the instant land from C pursuant to the exchange contract between D and C and the instant exchange contract.
Around April 2010, the Defendant entered into a lease agreement between C and the instant land from 2011 to 2016 for the lease period.
(hereinafter “instant lease agreement.” In this case, the Defendant, without rent for five years from 2010 to 2014, intended to grow pine trees on the instant land, and paid a rent of five million won per year in 2015 and 2016.
The Defendant has cultivated seedlings on the instant land in accordance with the instant lease agreement.
[Ground] Facts without dispute, Eul evidence Nos. 1, 3, and 5 (if there is a serial number, including branch numbers; hereinafter the same shall apply), witness D’s testimony, and the purport of the whole pleadings, alleged by the plaintiff, the defendant alleged by the plaintiff, who occupies, uses, and benefits from the land of this case without permission from June 10, 2010 to June 10, 2013, must return unjust enrichment equivalent to the rent of KRW 135 million to the plaintiff.
The defendant asserted that he entered into the instant lease contract with C and used the instant land, and the plaintiff acquired the instant land through the instant exchange contract.