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Reasons
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(영문) 서울중앙지방법원 2020.04.22 2019나33684 (1)
부당이득금
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The defendants' appeal is dismissed.

Upon the claim extended in the appellate trial, the defendants jointly do so to the plaintiff 20.

Reasons

1. Facts of recognition;

A. The status D as a party is as between Defendant B and M (Death on November 22, 1990), and the Plaintiff is the spouse of Defendant B as the spouse of Defendant D.

Defendant B remarriedd with Defendant C on June 25, 1992.

B. On December 10, 1984, as to the apartment of this case, the registration of ownership transfer was completed on April 14, 1984 with respect to the apartment of this case. (2) Defendant B resided together with the Plaintiff’s family member from November 2, 1983 in Gangnam-gu NFCOO, Seoul, and became a person who re-entered with Defendant C, and was residing in the apartment of this case with Defendant C from October 24, 1992.

3) The Defendants did not pay to the Plaintiff the rent regarding the instant apartment. Meanwhile, in the event that the instant apartment is leased without a lease deposit, the monthly rent of KRW 4,667,00 from November 14, 2017 to August 23, 2018 is KRW 4,67,00, and the subsequent monthly rent is similar thereto. (C) Defendant B completed the registration of ownership transfer on December 23, 2002 with respect to the first/2 shares of the first-class K of the first underground floor (hereinafter “J commercial building”) by the Gangnam-gu Seoul High Court, which is its owner, on December 23, 2002.

Since then, on March 10, 2016, Defendant B completed the registration of the right to claim ownership transfer on March 9, 2016 with respect to his one-half share in J commercial buildings, and on May 28, 2018, Defendant C completed the registration of ownership transfer on May 24, 2018.

2. On September 6, 2017, Defendant B filed a lawsuit against D seeking cancellation of a provisional registration by asserting that the pre-sale agreement on the first/2 share of the J shopping district was cancelled. At the time of filing the lawsuit, Defendant B primarily sought payment of KRW 986,00,000 based on the pre-sale agreement and sought cancellation of the provisional registration. The primary claim seems to have been withdrawn.

D is reasonable to rent against Defendant B regarding the instant apartment.

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