(영문) 부산지방법원 2016.04.08 2015나4631 | 리걸엔진

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(영문) 부산지방법원 2016.04.08 2015나4631

부당이득금반환

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1. Defendant who ordered payment in excess of the following amount among the part against Defendant in the judgment of the first instance.

Reasons

1. Determination on the cause of the claim

A. The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each entry of Gap evidence 1 to 4, Gap evidence 1 to 6-1, 2, Gap evidence 7, Gap evidence 9-1, 2, Gap evidence 11-1, 2, Gap evidence 12, 13, and Eul evidence 3.

(1) The Plaintiff purchased the instant real estate in the Busan District Court B’s procedure for compulsory sale by official auction, and paid the purchase price on June 26, 2012, and completed the registration of ownership transfer on June 28, 2012.

(2) The Defendant occupied the instant real estate from April 24, 2012.

(3) On November 28, 2012, the Plaintiff was handed over the instant real estate by executing the Busan District Court C real estate delivery order against the Defendant.

(4) The rent for the instant real estate is KRW 460,600 per month as of December 7, 2012.

B. According to the above facts, the defendant is obligated to return unjust enrichment to the plaintiff, since he obtained profit from the use of the real estate of this case by occupying and using the real estate of this case, and the plaintiff, the owner of the real estate of this case, suffered loss equivalent to the same amount.

Furthermore, with respect to the amount of unjust enrichment to be returned by the Defendant, the amount of profit from the possession and use of the real estate in ordinary cases is the amount equivalent to the rent of the real estate. As seen earlier, the rent of the real estate in this case is KRW 460,600 per month as of December 7, 2012, and the rent from June 28, 2012 to November 28, 2012, which is the period for which the Defendant seeks to recover from June 28, 2012 to November 28, 2012, shall be confirmed as the same amount. Accordingly, the amount of unjust enrichment to be returned by the Defendant is 2,303,000 won (460,600 won x 5 months).

2. Judgment on the defendant's assertion

A. The defendant is the defendant who possessed the real estate of this case under the right of retention.

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