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(영문) 대전지방법원 2019.08.28 2018가합106955
부당이득금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff asserts as follows.

C Around May 2005, the Co., Ltd. (hereinafter referred to as the “C”) contracted with the F Co., Ltd. (hereinafter referred to as the “F”) to perform the construction work of new apartment units on the ground of the Seo-gu Daejeon Special Metropolitan City D large 2,796.1 square meter (hereinafter referred to as the “instant land”).

The Plaintiff received a subcontract from F on May 7, 2005 for underground ground excavation works and household facilities installation works among the aforementioned new construction works, and leased from G 222 tons of the sn beam beam from G (hereinafter “the sn beamline of this case”). At that time, the sn beam beam of this case was installed at the construction site of this case, but the subsequent construction was not carried out due to C’s financial shortage.

On March 9, 2012, the Defendant acquired the ownership of the instant land, and at that time, the sloping beamline was still installed on the instant land.

As above, the Defendant: (a) occupied and used the sn beam beam of the instant case owned by G without any legal ground and continued to be in the underground construction site without collapse; (b) thereby obtaining profits equivalent to KRW 5,429,800 of the monthly rent for the sn beam beam of the instant case from April 16, 2016, which the Defendant recognized that the sn beam beam of the instant case was dismantled and removed; and (c) thereby, suffered damages equivalent to the same amount to G.

Therefore, the Defendant appears to have written the 9th written “Plaintiff” of July 12, 2019, the owner of the sn beam beam of the instant case, as the “Plaintiff” of the 9th written brief of July 12, 2019.

26,060,200 won (=5,429,800 won x 49 months and less than a month) is obligated to return unjust enrichment to the Corporation.

G, on April 15, 2019, transferred the above claim for return of unjust enrichment to the Plaintiff and notified the Defendant of the above assignment of claim on July 11, 2019 (hereinafter “transfer of claim”). The Defendant is obligated to pay the said money and the damages for delay to the Plaintiff, the assignee of the above claim for return of unjust enrichment, to the Plaintiff.

The plaintiff acquired directly against the defendant.

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