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(영문) 서울동부지방법원 2015.10.02 2015나2555

부당이득금

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The plaintiffs filed a lawsuit for the return of unjust enrichment with the Daegu District Court Decision 2007Da329841, May 1, 1998, to October 19, 1999, against the Defendant’s deceased F, who occupied two partitions among the G-gu H ground housing owned by the Plaintiffs (hereinafter “the instant housing”) and did not pay rent for the said period. During the above period, one column of the instant housing was leased to another person at his own discretion at KRW 80,000 and made unjust enrichment equivalent to the above rent. Thus, the plaintiffs filed a lawsuit for the return of unjust enrichment with the Plaintiff on August 28, 2008. The appeal and the final appeal against the plaintiffs became final and conclusive.

(F) The Daegu District Court Decision 2008Na16385 Decided December 18, 2008, Supreme Court Decision 2009Da5537 Decided April 9, 2009, and all other Supreme Court Decision 2009Da5537 Decided April 9, 2009, hereinafter referred to as "prior action").

The F died on November 17, 2013, and the Defendants inherited the net F (hereinafter “the deceased”).

[Ground for Recognition: Facts without dispute, entry of evidence Nos. 5-2 through 4, purport of the whole pleadings]

2. The plaintiffs' assertion

A. From May 1, 1998 to October 19, 1999, the Deceased occupied two partitions among the instant housing without permission, but did not pay rent for the said period. During the said period, one column between the door and the door of the instant housing was leased to another person at his own discretion at KRW 80,000 per month and made unjust enrichment equivalent to the above rent. Thus, the Defendants, the deceased’s heir, are obligated to pay the Plaintiffs the amount of money equivalent to KRW 200,000 per month rent and the amount of money equivalent to the rent that the deceased received at his own discretion during the said period, and the delay damages therefrom.

(1) The cause of the claim; and

The Deceased, from October 20, 199 to September 27, 2001, shall be free to others one square column among the instant houses.