(영문) 광주지방법원 2019.07.04 2018가단520842

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(영문) 광주지방법원 2019.07.04 2018가단520842

부당이득금

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1. The Defendant’s KRW 1,519,475 and April 23, 2019 to the Plaintiff:

(a) As to the real estate listed in the Appendix 1 List;

Reasons

1. Basic facts

A. C has completed the registration of ownership transfer on March 19, 2013, and completed the registration of establishment of a neighboring mortgage on April 17, 2014, and completed the registration of establishment of a neighboring mortgage on April 18, 2014 in the future of the F Co., Ltd. (hereinafter “F”).

B. C completed the registration of right to a multi-household housing on March 5, 2015, including the real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “each of the instant subparagraph”) with respect to the instant real estate, on March 5, 2015.

C. The Defendant purchased the instant G and H from C, and completed the registration of ownership transfer on June 1, 2015, and completed the registration of ownership transfer on each of the instant real estate falling under the instant G and H’s site ownership, and completed the registration of ownership transfer on the same day with respect to the shares falling under the instant G and H’s site ownership (hereinafter “instant shares”).

The Plaintiff was awarded a successful bid on August 7, 2017 for the first and second shares of the Daejeon District Court, Hongsung Branch, which was conducted at F’s request with respect to the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, purport of the whole pleadings

2. Since the owner of a section of exclusive ownership without a right to use the site for the cause of the claim occupies the site of the section of exclusive ownership without any legal cause, he/she obtains unjust enrichment equivalent to the rent for the area corresponding to the portion to be registered as the site ownership of the said section of exclusive ownership, among the relevant site, and the owner of the share to be registered as the site ownership, suffers damages equivalent to the same amount, barring any other special circumstances, the owner of the section of exclusive ownership without a right to use the site shall return

유사 판례

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