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(영문) 서울중앙지방법원 2021.01.14 2019나78762
부당이득금
Text

The plaintiff's appeal against the defendant B and the claims against the defendants expanded by this court are all dismissed.

Reasons

1. The reasoning for this part of the underlying facts is that the court cites the corresponding part of the judgment of the first instance in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Plaintiff’s assertion and judgment

A. The summary of the Plaintiff’s assertion was that Defendant B occupied the instant apartment without title from October 18, 2012 to January 17, 2017; Defendant C, along with Defendant B, without title from January 4, 2013 to May 30, 2014; and Defendant B, as the owner of the instant apartment, has the obligation to pay damages to the Plaintiff, who was the owner of the instant apartment, for unjust gains (i.e., KRW 76,50,000 (i.e., monthly rent x KRW 1,50,000) x 51 month); and Defendant C, in collaboration with Defendant B, jointly with Defendant B, KRW 25,306,451 (i.e., monthly rent x KRW 1,50,000 x 16 months x 27 days) and each delayed payment.

B. In full view of the purport of the argument as a whole after examining the facts of Gap evidence Nos. 6 through 14 (including each number), and about the F apartment management complaint of this court, the defendants were admitted to the relation by marriage (the defendant B's Schedule of the defendant C) and the apartment of this case for a certain period (the defendant B was from December 6, 2012 to April 5, 2015; the defendant C was from January 4, 2013 to May 30, 2014). After the move-in report, the defendant B was registered as an occupant and his family members on October 18, 2012, which was the move-in report, and the defendant B was registered as an occupant on the tenant registry, and according to which the defendants paid the management expenses of the apartment of this case, it appears that the defendants occupied and used the apartment of this case for a certain period.

However, the Plaintiff appears to have taken over the obligation to register the transfer of ownership of the instant apartment under the sales contract between the non-party company and the Defendant C when acquiring the ownership of the instant apartment in accordance with the trust contract from the non-party company, and accordingly, Defendant C is in a position to register the transfer of ownership and request the transfer of ownership against the Plaintiff as the purchaser of the instant apartment.

The contractual relationship between the plaintiff, the non-party company and the defendant and the defendant.

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