beta
(영문) 서울중앙지방법원 2016.11.17 2016가합545977

부당이득금

Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant’s ownership and possession status of each land and building listed in the separate sheet 1) the land listed in the separate sheet 2012 (hereinafter “instant land”) and the land listed in the separate sheet 1 (hereinafter “instant land”).

) Buildings listed in the attached Table 2 (hereinafter “instant building”) above

2) From the time of the new construction of the instant golf course, the term “Venea C.C” (hereinafter referred to as “instant golf course”).

(2) The Plaintiff Daom Co., Ltd. (hereinafter “Plaintiff Daom”) purchased the instant land and buildings on May 29, 2014 and completed the registration of ownership transfer on May 30, 2014.

After that, on June 26, 2014, Plaintiff Daom concluded a trust agreement with Plaintiff International Asset Trust Co., Ltd. (hereinafter “Plaintiff International Asset Trust”) on the instant land, and completed the registration of ownership transfer in the future of Plaintiff International Asset Trust on June 27, 2014.

B. On July 23, 2014, the Plaintiffs filed a lawsuit against the Defendant, etc. seeking restitution of unjust enrichment due to possession of the instant land and building (No. 2014Gahap1525) with the Daegu District Court Kimcheon Branch (No. 2014Gahap1525), and the appraiser A designated by the said court assessed that the monthly rent for the instant building from June 1, 2014 to December 31, 2014 was KRW 25,821,30 (the first floor of the instant building is KRW 24,396,00 per month, and the monthly rent for the remainder of the building is KRW 1,425,300 per month), and that for the same period, monthly rent for the instant land is KRW 26,076,00.

3) Based on the above appraisal result, the Plaintiffs paid to the Defendant KRW 9,971,00 (the sum of the monthly rents from June 1, 2014 to December 31, 2014, and the monthly rents from January 1, 2015 to December 31, 2014 to the delivery of the instant building to the Plaintiff Daom.