beta
(영문) 대구지방법원 2016.04.14 2015나308280

부당이득금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. On June 2, 1989, Korea completed the registration of ownership transfer with respect to the land B, Daegu-gu, Daegu-gu, 169 square meters (hereinafter “instant land”).

B. The Plaintiff was entrusted by the Republic of Korea with the authority to manage and dispose of the instant land pursuant to Article 26(1)10 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation, Article 42(1) of the State Property Act, and Article 38(3) of

C. The Defendant owned a 2nd floor brick building constructed on the ground of the instant land from July 15, 2009 to December 31, 2011 without entering into a loan agreement with the Republic of Korea or obtaining permission for use, and occupied and used the instant land as its site, etc.

(A) 209 161,611,050-07-15 2009-15 2009-15 2009-15 2009-15 2009-15 107, 30303 618,000, 442, 2004, 208-204, 208, 2004, 208-2, 2004, 208-2, 208, 8408, 840-2, 208, 205, 206-16, 208, 204, 200-104, 202, 208, 8409-2, 208, 2008, 209-12, 3608, 208, 2016

D. Rent calculated pursuant to Articles 47(1) and 32(1) of the State Property Act with respect to the instant real estate from July 15, 2009 to December 31, 201, is as follows:

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination

A. According to the facts of recognition of the obligation to return unjust enrichment, the Defendant owned a building on the instant land from July 15, 2009 to December 31, 201, and occupied and used the instant land as the site of the relevant building, etc., thereby gaining profit equivalent to the rent and causing damage to the Plaintiff.

Therefore, barring any special circumstance, the Defendant follows the Plaintiff’s possession and use of the instant land.