beta
Text
1. Defendant (Appointed Party) C is the Plaintiff:
(a) deliver a building indicating the attached real estate;
(b) 5250,000 won;
Reasons
1. According to the evidence of fact-finding No. 2, the Plaintiff may acknowledge the fact that the Plaintiff acquired ownership on August 30, 2012 with respect to shares of 1/2 of the instant housing and the remainder of 1/2 shares on October 6, 2015.
2. The Plaintiff asserts that, since the Defendant and the designated person occupy the instant house without any title from March 1, 2017, the Plaintiff is obligated to transfer the instant house to the Plaintiff, and that, jointly, the Plaintiff has a duty to return unjust enrichment equivalent to the rent of KRW 13.2 million (= KRW 400,000 x 33 months) equivalent to the rent that occurred from March 1, 2017 to November 30, 2019, and from December 1, 2019 to December 1, 2019, the Plaintiff is obligated to return unjust enrichment of KRW 400,000 per month.
3. Determination
A. 1) According to the above facts finding as to a request for extradition, the defendant, without any title, occupies and uses the instant house from March 1, 2018, and thus, the defendant is obligated to return it to the plaintiff, who is its owner. Accordingly, the defendant asserted that the defendant cannot respond to the plaintiff's request because he entered into a loan agreement with Eccom Association for use of the instant house, but there is no evidence to prove that the defendant entered into a loan agreement with Eccom Association, or that Eccom Association has the right to occupy and use the instant house, and therefore, the above argument by the defendant is without merit. 2) As to the amount of unjust enrichment equivalent to the rent returned by the defendant to the plaintiff, the defendant occupies and uses the instant house from March 1, 2018, and that it is KRW 250,000 per month, and only on the evidence Nos. 1 and 2, it is insufficient to recognize that the defendant exceeded the occupancy period and the amount recognized by the defendant.
Therefore, the Defendant’s unjust enrichment equivalent to the rent for the occupation and use of the instant housing from March 1, 2018 to November 30, 2019, which occurred to the Plaintiff from March 1, 2018 (=250,000 won x 21 months) and December 1, 2019.