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(영문) 서울서부지방법원 2020.06.17 2019가단13844
부당이득금
Text

1. The defendant shall pay 48,290,000 won to the plaintiff and 12% per annum from March 17, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On March 11, 2016, the Defendant: (a) from C Co., Ltd., the real estate indicated in the separate sheet (Dho Lake 127.52 square meters; (b) No. 125 square meters; (c) No. 104.63 square meters; and (c) No. 347.52 square meters; and (d) No. 104.63 square meters; hereinafter referred to as “instant real estate”) on the lease deposit; (c) around March 11, 2016, the Defendant used the real estate listed in the separate sheet from C Co., Ltd. to March 10, 202; (d) the lease deposit amount was KRW 80,000,000; (e) the monthly rent was KRW 5,500,000; and (e) the lease was agreed to return the real estate after the completion of the lease contract, and (e) the lease was leased to the original state.

B. The Plaintiff received a decision of permission for sale on March 18, 2019 and paid in full the sale price on April 19, 2019 in the auction procedure for the I Real Estate in Suwon District Court as to the instant real estate.

C. On June 5, 2019, the Plaintiff filed an application against the Defendant for an order to deliver the instant real estate at Suwon District Court Sejong District Court, and on June 5, 2019, the said court rendered a decision to deliver the instant real estate to the Plaintiff.

Accordingly, the Defendant delivered the instant real estate to the Plaintiff on June 15, 2019.

The Plaintiff requested the Defendant to restore the instant real estate before and after the date of the completion of delivery, but the Defendant failed to perform it. From August 19, 2019 to November 15, 2019, the Plaintiff had K perform the removal and restoration work of the instant real estate, and paid K totaling KRW 37,840,000 at its cost.

[Ground of Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 7, 10, Gap evidence 11-1, 2, Gap evidence 12-1 through 5, Gap evidence 13-1, 2, Eul evidence 14-1, 14-2, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant, barring any special circumstance, is reasonable from April 19, 2019 that the Plaintiff acquired the ownership of the instant real estate to June 15, 2019 that the Defendant completed the transfer of the instant real estate.

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