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(영문) 대구지방법원 2015.10.20 2014가단51395
부당이득금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) KRW 75,359,830 and its related thereto shall be from January 15, 2015.

Reasons

1. Basic facts

A. On July 16, 2014, the Plaintiff awarded a successful bid for the real estate listed in the separate sheet (hereinafter “instant real estate”) in the Daegu District Court C’s auction procedure and completed the registration of ownership transfer in the future of the Plaintiff.

B. Defendant B is a business owner of the D agency, and is running a D agency with Defendant A, her husband.

On January 10, 2014, the Defendants entered into a lease agreement with the former owner of the instant real estate, and occupied and used the instant real estate as the place of business of the agency.

C. After completing the registration of transfer of ownership with respect to the instant real estate, the Plaintiff demanded the Defendants to deliver the instant real estate. The Defendants refused to deliver the said real estate and delivered the instant real estate to the Plaintiff on March 12, 2015.

The sum of the rent equivalent to the instant real estate during the period from July 16, 2014 to January 14, 2015 (183 days) is KRW 75,359,830.

[Ground of recognition] without any dispute, Gap evidence 1 through 12, Eul evidence 1, 2 and 3, Eul evidence 1, 2 and 3, E's testimony of witness E, appraiser F's rent appraisal result, the purport of the whole pleadings

2. Duty to return unjust gains;

A. The Defendants obtained profits from the use of the instant real estate by occupying and using the instant real estate, and thereby incurred damages equivalent to the same amount to the Plaintiff, the owner, thereby obligated to return such profits to the Plaintiff with unjust enrichment.

B. As to the amount of the unjust enrichment, the amount of profit from the possession and use of the real estate in ordinary cases is equivalent to the rent of the real estate. The amount equivalent to the rent from January 15, 2015 to March 12, 2015, which is the date of completion of delivery of the real estate in this case, shall be confirmed as the same amount.

If the amount of rent is calculated according to the result of appraisal, it shall be as follows:

① From July 16, 2014 to January 14, 2015 (183 days) 75,359,830 won ② From January 15, 2015 to March 12, 2015 (57 days) = 23,472,733 won = 75,359.

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