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(영문) 광주지방법원순천지원 2017.11.08 2016가단78919

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of transfer of ownership on August 23, 1980 with respect to the land of 275m2 m2 (hereinafter “instant land”).

B. On May 3, 1998, the Plaintiff entered into a lease agreement with D, the Defendant’s attached, with a deposit of KRW 1 million, annual rent of KRW 800,000,000,000 for the instant land, and D to install and use a mobile-type building on the ground of the instant land.

C. Defendant or D newly constructed a building on the ground of the instant land in around 1998 and extended it in around 2005 (hereinafter “a total of new construction and extension parts”), and the Plaintiff completed registration of initial ownership on May 20, 2013 as to the instant building.

On the other hand, on September 12, 2014, the Plaintiff sold the instant land and buildings to Han-gu Co., Ltd. (hereinafter “Korean Marin, 2014”) for KRW 300 million, and on October 14, 2014, the registration of ownership transfer was completed in the name of Han-gu in relation to the instant land and buildings.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 11 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The lease agreement entered into between the Plaintiff and the Defendant on the instant land was terminated on May 2, 200, and thereafter, the Defendant occupied the instant land without permission. Therefore, the Defendant is obligated to return to the Plaintiff the amount of KRW 66,323,780 as unjust enrichment equivalent to the use fee of the instant land from October 17, 2006 to September 30, 2014, from the time when the Plaintiff brought the instant lawsuit, to October 17, 2006, when the Defendant delivered the instant building to the Plaintiff. 2) Even if the lease agreement entered into between the Plaintiff and the Defendant is not terminated, even if the Plaintiff continued to exist between the Plaintiff and the Defendant, the Defendant is obligated to return to the Plaintiff the Plaintiff rent 6,364,931 won as stipulated in the lease agreement from October 17, 206 to September 30, 2014 = 80 million.