logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2019.07.04 2018가단234992
부당이득금
Text

1. The defendant shall pay KRW 5,738,00 to the plaintiff.

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

3.Paragraph 1.

Reasons

Comprehensively taking account of the purport of the entire pleadings as to Gap evidence Nos. 1 and 2, the plaintiff completed the registration of ownership transfer under the name of the plaintiff on June 25, 2018 with respect to 1/2 shares among the Do apartment E (hereinafter "the apartment of this case") in Seongbuk-gu, Seongbuk-gu, Sungnam-si, on the ground of sale by compulsory auction on June 20, 2018. The defendant can recognize the fact that he occupied and used the apartment of this case and transferred his possession to the plaintiff on May 2, 2019, and there is no counter-proof. According to the above facts, unless the defendant proves that he has legitimate title to occupy the apartment of this case, the defendant is obligated to return to the plaintiff the unjust enrichment equivalent to the rent for the use and profit of the apartment of this case.

In full view of the purport of the argument in the entirety of the arguments as a result of a request for appraisal of fees against appraiser F to return unjust enrichment to the Plaintiff, the amount equivalent to the rent corresponding to the Plaintiff’s share from June 20, 2018 to May 2, 2019 that the Defendant acquired by the Plaintiff from June 20, 2018, may be recognized as constituting 5,738,000, and each of the items of evidence Nos. 1 and 2 is insufficient to back, and there is no other counter-proof, and the Defendant is obliged to pay the Plaintiff KRW 5,738,00,00 as unjust enrichment.

Therefore, the plaintiff's claim of this case is justified.

arrow