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(영문) 부산지방법원 2017.04.04 2015가단78129
부당이득금반환
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Grounds for claim;

A. On April 18, 2013, in relation to the claim for return of unjust enrichment equivalent to rent or the claim for damages, the Busan District Court leased from C the 390.85 square meters of the first floor of the building D located in Busan District (hereinafter “instant building”) owned by C, and used it as a multi-family housing publicity center, i.e., the multi-family housing construction project, which was implemented by the Defendant, as a model housing. Meanwhile, the Plaintiff acquired the ownership of the said building from C on March 17, 2014.

However, on April 29, 2014, the Defendant entered into a contract with F, an operator, and a license design service contract with D, the Defendant: (a) kept home appliances and furnitures, etc. in the instant dispute; and (b) made the Nonparty Company use them as a model dice by having the Nonparty Company use the home appliances and furniture, etc. in the instant dispute; (c) jointly with the Nonparty Company, by occupying and using the part of the instant dispute without title, thereby causing damages equivalent to the rent for the said dispute portion to the Plaintiff; (b) obtained profit equivalent to the same amount; and (c) jointly with the Nonparty Company, by having the Nonparty Company occupy the said dispute portion without title, or by having the Nonparty Company, an employee, occupy the said part without title, and thereby causing damages equivalent to the above rent to the Plaintiff.

Therefore, from March 17, 2014, the date of acquisition of the Plaintiff’s ownership, the Defendant ought to return unjust enrichment equivalent to the rent for the said dispute portion calculated by KRW 930,000 per month from January 21, 2016, which was the date of acquisition of the Plaintiff’s ownership (the Plaintiff was awarded a favorable judgment by filing a lawsuit against Nonparty Company’s claim for extradition of the dispute portion, and was handed over by compulsory execution) or compensate the Plaintiff for the damages equivalent to the rent for the said dispute amounting to KRW 930,00 per month.

B. As to the claim for damages equivalent to the cost of removing the signboard, the Plaintiff, on January 21, 2016, had H, engaged in the accusation work transport business with the trade name G, remove the Defendant’s signboard attached to the instant building.

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