부당이득금
1. The Defendant shall pay to the Plaintiff KRW 36,847,488 and the interest rate of KRW 20% per annum from July 17, 2013 to the day of complete payment.
1. Basic facts
A. The Defendant, such as the ownership of the instant land and the building, was the wife of the deceased C (the deceased on September 29, 2009; hereinafter “the deceased”). The Plaintiff (Nam), D (Nam), and E (ma) was placed between the deceased and the deceased.
The Seoul Special Metropolitan City FF 274.5 square meters (hereinafter “instant land”) and the above-ground buildings (hereinafter “instant building”) were owned by the deceased and the defendant (hereinafter “instant building”). With respect to each share of the deceased, each transfer registration in the Plaintiff’s name was completed on September 29, 2009 on the ground of legacy on February 26, 2010.
After that, as Defendant, D, and E filed a claim against the Plaintiff for the return of legal reserve of inheritance in 2010Gahap4927, the conciliation was concluded, Defendant, D, and E completed each share transfer registration regarding the instant land and buildings on October 7, 2010, and eventually, the instant land and buildings owned 11/36 shares, Defendant 21/36 shares, D, and E owned 2/36 shares, respectively.
B. From August 12, 2011 to August 29, 2012, the current status of the lease and management of the instant building is as listed below (7 and 8 floors are residing by the Defendant). After the death of the deceased, the Defendant acquired monthly rent and management expenses while managing the instant building independently, and the Plaintiff did not obtain the consent thereto.
The rent of the number of floors of a lessee shall be KRW 1 E 200 million from January 31, 2009 to January 31, 2014; KRW 2 million from H 100 million to August 30, 2008 to August 29, 2012; KRW 19 million from August 30, 2008 to August 31, 2012; KRW 2 million (public office until October 31, 201); KRW 50 million from October 31, 201 to October 31, 2012; KRW 2.5 million from July 201 to 4, 2014 to KRW 2.5 million from July 25, 2009 to KRW 500,000,000 to KRW 2.5 million from July 25, 2014; and
C. The Plaintiff filed a lawsuit claiming unjust enrichment against the Defendant as Seoul Eastern District Court 2010Kahap12140, and the Plaintiff’s share in the Plaintiff, out of the aggregate monthly rent for the instant building from September 29, 2009 to August 11, 2011.