부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 1- 3 (including a serial number; hereinafter the same shall apply) by taking into account the overall purport of the pleadings.
The bankrupt A Co., Ltd. (hereinafter referred to as the "Bankruptcy Co., Ltd.") filed an application for rehabilitation with the Busan District Court 2009 Ma12, May 25, 2009, which was decided to commence rehabilitation procedures on September 30, 2009, which was decided to discontinue rehabilitation procedures on November 5, 2013, which was decided to discontinue rehabilitation procedures on November 5, 2013, and was declared bankrupt on November 20, 2013.
B. D, which is the defendant's fraudulent act, was employed as the representative director as the management owner of the bankrupt company, and was appointed as the manager in the rehabilitation procedure and performed his duties.
C. The bankrupt company has owned the land and the building on the land and the ground of Ulsan-gu E (hereinafter “instant building”).
2. The assertion and judgment
A. The summary of the party’s assertion (1) while the rehabilitation procedure against the Plaintiff bankrupt was in progress, the Defendant used the part on the first floor of the instant building (hereinafter “instant building”) at will from June 30, 2010 to October 30, 2012 without the court’s permission, as convenience stores; thereafter, the Defendant occupied the instant building portion from October 30, 2014 to October 30, 2014; and the Plaintiff is obligated to compensate the Plaintiff for damages equivalent to the rent (i.e., one million won x 52 months x 52 months x 28 million x 28 months).
(2) Defendant (A) is the bankrupt company who used or occupied the building part of this case for convenience store, and only the defendant provided the bankrupt company with the name of the bankrupt company.
(B) Even if the Defendant is liable to compensate the Plaintiff for damages or to return unjust enrichment with respect to the possession and use of the instant building portion, the Defendant is liable to the bankrupt company for the return of unjust enrichment.