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(영문) 부산지방법원 2020.07.14 2019가단7330
부당이득금 반환
Text

1. The defendant shall pay to the plaintiff KRW 42,872,666.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff’s each real estate listed in the separate sheet (hereinafter “instant E and F”) at the auction procedure (Ulsan District Court D, etc.) commenced regarding the building C in Gyeyang-si.

(2) On June 3, 2013, the Plaintiff completed a move-in report or business registration as to the above heading room or made a demand for distribution by the completion date of the demand for distribution as to the above heading room at the time the Plaintiff was awarded the bid under the instant E and F, or the lessee did not exist until the completion date of the demand for distribution.

3) From December 6, 2016 to June 18, 2019, the Defendant, as a doctor, operated a medical institution with the trade name of “G fixed rate members” from the third and fifth to seven floors of the above C building, including the instant subparagraph and subparagraph (F), and used and profit from the method of using the instant subparagraph and subparagraph (F) as a hospitalization room, etc.) from the instant E and subparagraph (4) from December 6, 2016 to June 18, 2019, the sum of the rent from December 6, 2016 to June 18, 2019 = 42,872,66 won = 16,680,000 won to December 5, 2017 x 16,000 won to 16,00,000 won to 36,06,068.16,06,000 won to 20,68.16,208

[Based on recognition] Gap evidence Nos. 1 through 4 and Eul evidence Nos. 2 (including paper numbers), the result of this court's commission of appraiser H for the appraisal of the fee, the result of this court's response to the order of submission of tax information on the Yangsan Tax, the purport of the whole pleadings

B. According to the above facts, it is reasonable to view that the Defendant obtained unjust enrichment equivalent to the rent, while using and making profits from the instant E and F from December 6, 2016 to June 18, 2019 without due authority, and that the Plaintiff suffered losses equivalent to the said fee. Therefore, the Defendant is obliged to pay the Plaintiff KRW 42,872,666 as unjust enrichment equivalent to the rent.

2. Judgment on the defendant's assertion

A. As to this, the Defendant shall grant the hospital from the J of the representative director of the I, an incorporated association.

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