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1. The Defendant’s KRW 16,849,287 with respect to the Plaintiff and KRW 5% per annum from May 9, 2015 to January 28, 2016.
Reasons
1. Facts of recognition;
A. The non-party corporation, Vietnami Co., Ltd. (hereinafter “non-party corporation”) is a company that engages in real estate development and sale business and constructed an officetel (hereinafter “the instant officetel”) on three lots of land, including real estate listed in the attached Table (hereinafter “instant real estate”) on the Seocho-gu Seoul Metropolitan Government Seocho-dong 137-6.
B. The Plaintiff purchased the instant real estate from the Asian Trust Co., Ltd., which was entrusted with the instant real estate by Nonparty Company, through public auction, and completed the registration of ownership transfer on March 28, 2014.
C. The Defendant occupied and used the instant real estate from February 27, 2013 to May 8, 2015 as a company conducting the building comprehensive management business, etc.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the Plaintiff’s claim, the Defendant is obligated to return to the Plaintiff unjust enrichment acquired by the Defendant from March 28, 2014 when the Plaintiff acquired ownership of the instant real estate to May 8, 2015 when the Defendant occupied and used the instant real estate from March 28, 2014.
Furthermore, with respect to the amount of unjust enrichment to be returned by the Defendant, unjust enrichment due to the possession and use of ordinary real estate is equivalent to the rent. According to the result of the appraisal commission with respect to appraiser A, the monthly rent from March 28, 2014 to March 27, 2015 is KRW 1,260,000 per month, and from March 28, 2015 to March 27, 2015, the rent is KRW 1,260,000 per month.
5. Monthly rent of up to August may be recognized as the facts constituting 1,270,00 per month. As such, the Defendant from March 28, 2014 when the Plaintiff acquired the ownership of the instant real estate to May 8, 2015, with the Defendant’s unlawful gains equivalent to the rent of 16,849,287 won [ = 15,120,00 won = 15,260,000 won x 12 months to March 28, 2014.