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(영문) 서울중앙지방법원 2019.06.27 2018가단5093249
부당이득금
Text

1. The Defendants jointly do so to the Plaintiff:

(a) Gold 172,246,250 won and the same shall be repaid from April 5, 2019.

Reasons

1. Facts of recognition;

A. On October 2, 2015, the Plaintiff entered into a sales contract with D Co., Ltd. (hereinafter “Nonindicted Company”) on the building listed in the separate sheet (hereinafter “instant building”) and completed the registration of ownership transfer on October 5, 2015.

B. The Defendants resided in the instant building from around August 2012 to their husband and wife, and occupied and used the instant building.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 6 (including a raid number), Eul's 11, and the purport of the whole pleadings

2. Determination as to the cause of action

A. A person who occupies and resides in a building owned by another person without any legal cause is obligated to return the amount equivalent to the rent arising from the use of and the profit from the building during the period of occupation to the owner of the building (see, e.g., Supreme Court Decision 95Da11955, 11962, Aug. 22, 1995). Meanwhile, where multiple persons jointly use another person’s property without any legal cause, the obligation to return unjust enrichment is indivisible with the return of the indivisible profit, barring any special circumstances, and each obligor is obligated to perform the entire obligation.

Therefore, according to the above legal principles and the above facts, the defendants are jointly owners of the building of this case and have the duty to return unjust enrichment from the possession and use of the building of this case to the plaintiff as the owner, unless they prove their own possessor's possessor's possessor's possessor's possessor's right.

B. Examining the amount of unjust enrichment to be returned by the Defendants, in ordinary cases, the amount of unjust enrichment from the possession and use of real estate shall be equivalent to the rent of that real estate, and according to the result of appraisal of rent by certified public appraiser E, it shall be subject to the building of this case.

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