(영문) 수원지방법원성남지원 2014.05.29 2013가단21351

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(영문) 수원지방법원성남지원 2014.05.29 2013가단21351

부당이득금 등 반환

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1. The Defendant’s KRW 49,440,00 for the Plaintiff and KRW 5% per annum from July 10, 2013 to May 29, 2014.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or can be acknowledged by comprehensively considering the overall purport of the pleadings in the statements in Gap evidence Nos. 1, 2, 3, 4, 6, and 3 and 4, and the descriptions in Gap evidence Nos. 5, 1, 2, 2, 2-1, 3, 4, 6, and 3 and 4 are insufficient to reverse this recognition.

After the plaintiff divorced from the defendant, on May 30, 2007, on the part of the division of property, the plaintiff completed the registration of transfer of ownership with respect to 52/100 shares among the 3rd floor of Gyeonggi-si Building (hereinafter “instant building”) owned by the plaintiff to the defendant.

B. On April 4, 2007, the Defendant leased No. 101 of the instant building to D on a deposit of KRW 101,00,000,000 for monthly rent of KRW 300,000,000. The lease contract was terminated during the contract period and was not received after December 4, 2007.

C. On January 26, 2007, the Defendant leased the lease deposit of KRW 30 million to E, who is the type of No. 201 among the instant building, and KRW 1 million in monthly rent. The lease was terminated on December 31, 2008.

Accordingly, from January 1, 2009 to 201, the defendant is operating the party hall from January 1, 2009 to the same year.

2. From 2. to 202, it is extended to be used as a billiard room.

2. Determination

A. According to the reasoning of the judgment below, the part related to No. 101 among the plaintiff's claim of this case concerning No. 101 is examined, and the above facts are examined. Since the defendant did not receive a vehicle since Dec. 4, 2007 with respect to No. 101, the plaintiff's claim of this part on the premise that the defendant is receiving a vehicle even after December 4, 2007 is without merit.

B. According to the Plaintiff’s claim as to the part related to No. 201 among the claim of this case, the Defendant shall return 2,4960,000 won, which is the amount equivalent to the Plaintiff’s share, from February 26, 2009 to May 26, 2013, for 52 months from February 26, 2009 to May 26, 2013, as sought by the Plaintiff, to the Plaintiff as unjust enrichment (=one million won equivalent to monthly rent x 52 months x 0.48).

C. No. 202 of the Plaintiff’s claim of this case

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