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(영문) 수원지방법원성남지원 2017.05.12 2016가단8465
부당이득금
Text

1. The Defendant: (a) against the Plaintiff (Appointeds) KRW 7,635,418; (b) 7,985,104; and (c) against each said money.

Reasons

1. Facts of recognition;

A. On August 17, 1989, the Plaintiff and the designated person completed the registration of ownership transfer on the ground of the successful bid on June 30, 1989 with respect to each of the 1/2 shares of Jung-gu Daejeon, Daejeon (hereinafter “instant land”).

Since then, the Plaintiff sold 428/2,758 out of its own shares to D on December 1, 2015, and D completed the registration of ownership transfer on December 15, 2015 with respect to the instant land on December 15, 2015.

B. On March 30, 199, the Defendant completed the registration of ownership transfer on the ground of sale on February 7, 1999 with respect to the shares of 547.82/515.57 shares among the buildings listed in the [Attachment 1] List on the ground of the instant land (hereinafter “instant building”).

The defendant sold all shares to E on February 22, 2016, and E completed the registration of ownership transfer on March 3, 2016 for the building of this case on February 22, 2016.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 7, 8

2. The plaintiff's assertion that the defendant occupies the land of this case without permission.

Therefore, unjust enrichment equivalent to the rent should be paid.

The amount of unjust enrichment equivalent to the rent shall be claimed from July 1, 2006 to March 2, 2016.

The amount is ① Plaintiff 49,570,632, ② 49,920,318.

However, the Defendant paid KRW 6,600,000 per month from January 1, 2012 to September 2014.

The deduction must be made to the Plaintiff, ① KRW 37,770,632, ② KRW 38,120,318, and delay damages.

3. Determination

A. According to the above facts, the Defendant is obligated to pay rent or unjust enrichment to the Plaintiff by March 2, 2016, when owning the instant building and occupying the instant land.

(As seen below, from January 2012 to September 2014, the instant land was leased to a third party, and thus, the period is rent and the remaining period is unjust enrichment.

As to this, the defendant, the plaintiff on July 201.

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