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Reasons
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(영문) 부산지방법원 2016.08.17 2014나17692
부당이득금반환
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1. Of the judgment of the court of first instance, the money corresponding to the following order for payment (Appointed Party), the Appointed C, and D.

Reasons

1. Facts of recognition;

A. The Plaintiff, Appointed C, and D acquired ownership of each of 1/3 shares of the instant real estate on April 25, 2013 in the process of compulsory sale by official auction by Busan District Court E, and acquired ownership of each of 1/3 shares of the instant real estate.

B. The Defendant and the Defendant’s ASEAN, the former owner of the instant real estate, occupied the instant real estate by October 15, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2-1, 2-3 of evidence Nos. 2 and the purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendant: (a) committed unjust enrichment equivalent to the rent by illegally occupying the instant real estate even after the Plaintiff, etc. acquired ownership by winning a successful bid; (b) thus, the Defendant is obligated to pay the amount of unjust enrichment from April 25, 2013 to October 22, 2013, respectively, 929,802 won (2,789,406 won x 1/3) from April 25, 2013 to October 22, 2013.

3. According to the above facts of recognition, the defendant is obligated to return the amount of unjust enrichment during the above period since he/she occupied the real estate of this case from April 25, 2013 to October 15, 2013 without any legal ground and acquired profits, thereby causing damage to the plaintiff, etc.

(The Plaintiff further sought unjust enrichment from October 16, 2013 to October 22, 2013, but there is no evidence to prove that the Defendant occupied the instant real estate during the said period. Furthermore, the amount of unjust enrichment to be returned to the Defendant is examined.

In ordinary cases, the amount of profit from the possession and use of the real estate is equivalent to the rent of the real estate. According to the appraiser H’s appraisal result, the rent of the real estate in this case from April 1, 2013 to October 31, 2013 can be recognized as the rent of KRW 228,790 in the land of KRW 228,790 in each month.

Therefore, the defendant's 537,902 won [283,910 won x 6/30 days] 283,910 won x 5 months] (283,910 won x 15/31 day x 283,910 won) x 15/31 day.

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