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1. The defendant shall be the plaintiff.
(a) As regards KRW 36,148,200 and KRW 25,502,40 among them, 36,148,200 shall be from September 21, 2012; KRW 4,257,600.
Reasons
1. Basic facts
A. On June 7, 198, the Plaintiff purchased a share of 13.68/3967.6 square meters (hereinafter “Plaintiff’s share”) among B & 3967 square meters (hereinafter “instant land”) in Gwangju-si, Gwangju-si, and completed the registration of ownership transfer in the name of the Plaintiff.
B. On September 28, 2006, the Defendant completed the registration of ownership transfer under the name of the Defendant, based on the trust on the same day with respect to the ground building on the instant land (hereinafter “instant building”).
[Ground for recognition] Unsatisfy
2. Determination:
A. The Defendant obliged to return unjust enrichment by owning the instant building without any legal ground, and obtained the Plaintiff’s share in the instant land without obtaining the benefit equivalent to the rent, and incurred losses equivalent to the same amount to the Plaintiff. Therefore, the Defendant is obliged to return unjust enrichment to the Plaintiff.
B. Although the amount equivalent to the rent for the period from September 28, 2006 to September 27, 2007, 4,713,600 to September 27, 2007, 5,766,003 from September 27, 2008 to September 27, 2008 5,25,256,004 from September 28, 2008 to September 27, 2009 x the amount recognized by the Defendant as 5,256,004 from September 28, 200 to September 27, 2009 x the amount as stated in the list 5,035,005 to September 27, 2010 x the amount as stated in the statement from September 28, 2009 to September 27, 201 x the Plaintiff’s allegation from September 27, 2011.
(2) Therefore, as to the Plaintiff’s total sum of KRW 36,148,200 and the amount equivalent to the rent from September 28, 2006 to September 27, 201, the Defendant is obligated to return unjust enrichment from September 21, 2012, which is the day following the delivery date of the copy of the instant complaint, to the Plaintiff. Therefore, the Defendant is obligated to return unjust enrichment from September 21, 2012 without setting the deadline for performance. Therefore, the obligor is upon receipt of the request for performance.