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(영문) 대구지방법원 2017.10.20 2014가합9469

부당이득금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 140,040,000 to the Plaintiff (Counterclaim Defendant) and its related amount from January 5, 2017 to October 20, 2017.

Reasons

1. Basic facts

A. (1) Change in land (1) In Daegu Dong-gu, Daegu-gu, 539.2 square meters (hereinafter “subdivided land”) the transfer registration of ownership was made in the name of the Plaintiff (hereinafter “Plaintiff 429.8/539.2”) and the Defendant (hereinafter “Defendant 109.4/539.2”), due to the sale on December 13, 1995.

(2) As co-owned property partition by the Daegu District Court 2013Kadan17237, Daegu District Court 201, which was instituted by the Plaintiff, the land prior to partition is divided into the Daegu-dong C, Daegu-gu, 429.8 square meters (hereinafter “1 land”) and the 109.4 square meters (hereinafter “2 land”) in Daegu-dong, Daegu-gu, Daegu-dong (hereinafter “1”) on December 26, 2013, and the 1 land was owned solely by the Plaintiff around December 27, 2013, and the 2 land was owned solely by the Defendant around March 24, 2014.

(b) The use of the land prior to subdivision, including the first land, has been used as the neighboring E site for a considerable period since the original and the transfer registration of ownership in the future to the defendant was completed;

(2) The Defendant, from around February 2004 to around December 17, 2013, received rent equivalent to KRW 22,800,000 in total from the above telecom operator from around May 18, 2012 to around December 17, 2013 (= KRW 1,200,000 per month x 19 months).

(3) The monthly rent of land No. 1 is as follows:

The monthly rent for a period of February 4, 2010 to February 3, 2011; 2,507, 167 from February 4, 2011 to February 2, 2012; 2,645, 061 from February 4, 2012 to February 3, 2012; 820, 563 from February 3, 2013 to February 3, 2013; 3,096, 351/ [based] without any dispute; 1 through 8, 10, 16, and 151/3 of the appraiser F; 2,645; and 2,643 from February 4, 2013 to February 3, 2014 to February 3, 2014; and 3,096, and 1/351 of the evidence of the appraiser F; and

2. Determination as to the claim on the principal lawsuit

A. (1) In addition to the facts that the Defendant, around April 2004, around the time when the Defendant used the land prior to subdivision as the E site, was using the entire land without permission, and sought rent equivalent to the Plaintiff’s share, the Defendant’s consent or permission from March 27, 2004 to December 17, 2013, which was sought by the Plaintiff.