부당이득금
1. The Defendant’s KRW 6,903,771 as well as the Plaintiff’s annual rate of 5% from March 24, 2016 to November 30, 2017.
1. In full view of the descriptions of Gap evidence 2-1 to 8 and Gap evidence 22-2 and the purport of the whole pleadings (including the fact that there is no dispute), the following facts are recognized:
On April 6, 2002, the Defendant newly built a 7th floor Dtel building (hereinafter “instant building”) with 57 households above the land of Seodaemun-gu Seoul Western-gu, Seoul, 2002, and obtained approval for use.
On May 31, 2002, the defendant completed registration of preservation of ownership for the entire households of the above Dotel, and transferred ownership to another 30 households among them, and only the ownership of the remaining 27 households including 609 units.
On September 2, 2003, the Plaintiff acquired the ownership of 8 households in units of an officetel from the Defendant, which purchased 8 households in units of an officetel from the Defendant on September 2, 2003, and transferred the ownership to a third party on June 30, 2010.
2. Determination on the claim for return of unjust enrichment from the unauthorized use of the extension
A. The Plaintiff’s assertion is that the Defendant newly constructed the instant building and uses it for private purposes by extending the area of 30.36 square meters without permission on the 6th floor by using the common area of 609 square meters (hereinafter “first building”). The Defendant installed an office on the part of the stairs of 7 to 8th floor (hereinafter “second building”) on the 25.54 square meters and used it for private purposes.
Since the rent for the first and second buildings is KRW 550,000 per month, the total rent between March 16, 2006 and June 29, 2010, from March 2006, when the Plaintiff acquired the ownership of 8 households of officetels, until June 29, 2010, is KRW 28,306,00, respectively.
Therefore, the Defendant is obligated to pay the Plaintiff, who is a right holder of 122.26/53 of the instant building, a total of KRW 3,943,680 in unjust enrichment (=28,306,00 x 26/87.53) 7,887,300 in total (=3,943,680 won 3,943,680 won, KRW 3,943,680, and KRW 680) and delay damages therefrom.
B. Article 741 of the former Civil Code provides that "The latter shall obtain profits from the latter's property or labor without any legal ground."