beta
Text
1. Of the judgment of the first instance, the part against the defendant, including the claim that was reduced by this court, is as follows.
Reasons
1. Determination on the cause of the claim
A. In full view of the absence of dispute between the parties to the establishment of the obligation to return unjust enrichment, or the overall purport of the entries and videos of Gap evidence Nos. 1, 3, 4, 5, 8, 9, and 10 (including all of the serial numbers; hereinafter the same shall apply) and the entire purport of the pleadings, the plaintiff completed the registration of ownership transfer on July 17, 2014, and completed the registration of ownership transfer with D on June 17, 2016. ② The defendant, along with C, had resided in three units of the instant real estate from January 20, 2015 to January 20, 2015 (hereinafter referred to as the "unit of this case") and retired from the three units of the instant real estate from January 1, 2017.
According to the facts of recognition, the Defendant is obligated to return unjust enrichment from January 20, 2015, which the Defendant started to occupy the instant family room to the Plaintiff from January 20, 2015 to June 16, 2016, before the Plaintiff transferred the ownership of the said family room to D.
(b)The amount of profit from the possession or use of real estate in ordinary cases shall be the amount equivalent to the rent of that real estate;
No dispute between the parties, or comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 6, 11-1, 2, and 12, the fact that Eul leased Nos. 15,000,000 won in the family room of this case, and KRW 320,000 in the rent month, on June 15, 2012, and ② on September 2017, the rent for the family room of this case is KRW 1,00,000 in total (=the rent for the family room of this case was KRW 450,000 in the underground floor of 10,000,000 in total).
According to the facts of recognition, the rent from January 20, 2015 to June 16, 2016 for the family room of this case can be recognized as at least KRW 960,000 per month.
D. Therefore, the Defendant’s unjust enrichment regarding the Plaintiff’s possession and use of the instant heading (=960,000 won x 160,000 won x 16 months (from January 20, 2015 to May 19, 2016) x 28 days/31 days (from May 20, 2016 to June 16, 2016).