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(영문) 의정부지방법원 2015.06.18 2014가단117885

부당이득금

Text

1. The Defendants jointly pay to the Plaintiff KRW 13,601,732 and the interest rate thereon from March 20, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On August 1, 2012, the Plaintiff purchased a building and its site indicated in the separate sheet (hereinafter “instant building”) and completed the registration of ownership transfer on August 6, 2012.

B. The Plaintiff filed a lawsuit against the Defendants for a request for the delivery of a building with the Jung-gu District Court 2012Da38643, and was rendered a favorable judgment on June 11, 2013. In the same court No. 2013Na8152, the appellate court’s dismissal judgment, and the Supreme Court Decision No. 2014Da6448, Dec. 11, 2014, which was the appellate court, rendered a final appeal judgment, respectively, and the said judgment became final and conclusive.

C. On March 19, 2015, the Defendants delivered the instant building to the Plaintiff.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including the number of each branch), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendants are obligated to return unjust enrichment equivalent to the rent from August 6, 2012 that the Plaintiff acquired ownership of the instant building to the Plaintiff from August 6, 2012 to March 19, 2015, by occupying and using the instant building without any legal cause, thereby gaining profit equivalent to the rent, and thereby causing loss to the Plaintiff.

Furthermore, according to the following facts: (a) the monthly rent from August 6, 2012 to August 5, 2013; (b) the monthly rent from August 6, 2013 to August 5, 2013 was 427,420; (c) the monthly rent from August 6, 2013 to August 5, 2014 was 426,830; and (d) the monthly rent from August 6, 2014 to March 4, 2015 to March 4, 2015, from August 6, 2012 to August 6, 2012 to August 5, 2013 to 13,60,01; (c) the Defendants sought the Plaintiff from August 6, 2012 to March 19, 201; and (d) the Plaintiff’s monthly rent was 427,4214,2714 x 36,27414