(영문) 부산지방법원 2015.05.07 2014가단221896

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2015.05.07 2014가단221896

부당이득금

Text

1. The Defendant: (a) each month from March 17, 2014 to the date of completion of delivery of the real estate indicated in the separate sheet from March 17, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 18, 2013, the Defendant leased real estate listed in the separate sheet (hereinafter “instant real estate”) from B from April 18, 2013 as a deposit of KRW 100 million, and the lease period from May 18, 2013 to May 19, 2015, and possessed and used up to the present day.

B. The Plaintiff purchased the instant real estate from B on December 28, 2013 and completed the registration of ownership transfer on March 17, 2014.

C. The rent for the instant real estate from March 1, 2014 to February 28, 2015 is KRW 9,930,000 per month, and the subsequent rent may also be presumed as equivalent to that amount.

[Ground for Recognition] Fact that there is no dispute, Gap evidence 1 to 4, the result of appraisal of rent by appraiser C, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts seen earlier prior to the determination of the cause of the claim, the Defendant, the owner of the instant real estate, is obligated to pay the Plaintiff, who is the owner of the instant real estate, unjust enrichment equivalent to the rent in proportion to the rate of 9,930,000 per month from March 17, 2014 to the completion date of delivery of the said real estate,

B. The defendant's assertion 1) The defendant argues that since the ownership transfer was made in the plaintiff's future while the provisional disposition registration by Hyundai Metal Co., Ltd. was completed with respect to the real estate in this case, the defendant is not obligated to pay the plaintiff unjust enrichment equivalent to the rent. 2) According to the statement of Gap evidence No. 1, as to the real estate in this case, the decision of provisional disposition was made on December 27, 2012 by Busan District Court 2012Kadan12849 as to the real estate in this case and on the same day, the registration of provisional disposition was completed, and the fact that the ownership transfer of the real estate in this case was made in the plaintiff's future, but the effect of provisional disposition is relative to the applicant party and his successor.

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