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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 5,275,430 and KRW 2,180,164 among them.
Reasons
1. Basic facts
A. E completed the registration of ownership transfer on May 18, 2010 for the instant real estate due to sale and purchase on May 14, 2010.
B. On October 29, 2015, the Plaintiff completed the registration of ownership transfer based on the sale of the instant real estate by voluntary auction.
C. Meanwhile, the Defendant completed the move-in report on the instant real estate on February 11, 2014, and occupied and used the instant real estate to the Defendant from that time until April 28, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, 9, 10, Eul evidence No. 1 (including branch numbers), the purport of the whole pleadings
2. Determination
A. 1) The Plaintiff seek against the Defendant for the payment of the unjust enrichment of KRW 5,280,00 (=60,000 per month x 8 months) equivalent to the rent from October 29, 2015 to June 29, 2016 as to the instant real estate, calculated by the rate of KRW 660,00 per month from June 30, 2016 to the completion date of delivery of the instant real estate. 2) In light of the foregoing basic facts, the Plaintiff is obligated to refund the Plaintiff the unjust enrichment of the amount equivalent to the rent of the instant real estate from October 29, 2015 to April 28, 2017, which is the completion date of delivery of the instant real estate.
3) Furthermore, according to the results of the appraisal of rent by the appraiser F of the trial court as to the amount of unjust enrichment, the rent from October 29, 2015 to October 28, 2016 of the instant real estate is recognized as 3,248,00 won, and the rent from October 29, 2016 to April 28, 2017 as 2,027,430 won. As such, the Defendant’s payment of rent from October 29, 2015 to April 28, 2017 (i.e., KRW 3,248,000 (= KRW 2,027,430), the Defendant’s payment of rent from October 29, 2015 to October 29, 2018; and (ii) the Defendant’s delivery of rent from October 29, 2018 to June 29, 2016 to KRW 28,364,25