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(영문) 부산지방법원 2018.04.13 2017나56926

부당이득금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

On December 3, 2010, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from B on December 3, 2010 and completed the registration of ownership transfer in the name of the Plaintiff on December 9, 2010.

In the instant real estate, C and D’s provisional registration was established on July 30, 2010. However, on June 16, 2011, Dong Branch Co., Ltd (hereinafter “Dong Branch”) transferred the said provisional registration and completed the principal registration based on the provisional registration on June 16, 201.

The Plaintiff filed a lawsuit against Dong-won District Court 2014Gahap1744 against Changwon District Court (hereinafter “the lawsuit for cancellation registration”), and filed a provisional disposition against the instant building on July 19, 201, and filed a preliminary registration for cancellation of ownership on September 6, 201.

In the above lawsuit, the judgment in favor of the Plaintiff was rendered on August 14, 2014 on the ground that “the registration of transfer of ownership in Dong and Dong was completed on the basis of the provisional registration of collateral and thus null and void,” and this judgment became final and conclusive on December 23, 2015 through dismissal of appeal (Supreme Court Decision 2014Na3033) and dismissal of appeal (Supreme Court Decision 2015Da51708).

On April 10, 2014, the Defendant completed a registration of establishing chonsegwon on the instant real estate and possessed the instant real estate from that time.

After a revocation registration lawsuit has become final and conclusive, the Plaintiff requested the Defendant to deliver the instant real estate, but the Defendant, on December 24, 2015, filed a building name lawsuit with the Changwon District Court through the Changwon District Court 2015Kadan9089, which became final and conclusive on August 23, 2016, and the judgment of winning the Plaintiff became final and conclusive on September 8, 2016.

The Defendant delivered the instant real estate to the Plaintiff on October 12, 2016.

Meanwhile, the amount equivalent to the monthly rent from December 23, 2015 to October 12, 2016 for the instant real estate is as follows.

(E) On December 23, 2015, the annual rent for the number of days of possession of rent per day is applied. From June 15, 2016 to June 41, 2016, 7,340, 411 won per day. < Amended by Presidential Decree No. 27205, Jun. 16, 2016>