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(영문) 수원지방법원평택지원 2015.06.18 2014가단45183
부당이득금
Text

1. The Defendant: (a) KRW 39,900,000 for the Plaintiff and 5% per annum from November 18, 2014 to June 18, 2015; and (b) the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion that: (a) the Defendant occupied each of the instant real estate and obtained 61,200,000 won, which is the rent for the said period; (b) from January 1, 2006 to June 30, 2014, the Plaintiff incurred damages equivalent to the same amount; and (c) the Defendant is obligated to pay the Plaintiff KRW 61,200,000 and damages for delay on the grounds that the Defendant leased the instant real estate to D, etc. without permission, the housing of 258 square meters prior to C, and the unregistered light-to-land-to-land-to-land-to-land-to-land-to-land-to-land-to-land-to-land-to-land-to-land-to-land-to-land-to-land (hereinafter “each of the instant real estate”).

B. In light of the facts without dispute, Gap evidence Nos. 1 through 3, as a whole, the defendant (title prior to the opening of name: E) entered into a lease agreement with D on December 1, 2008 at a deposit of KRW 5,00,000, monthly rent of KRW 600,000 for each of the instant real estate, and delivered each of the instant real estate to D on December 16, 2008, and was paid KRW 600,00 per annum from D until June 30, 2014. Accordingly, since it is recognized that the defendant occupied the building of this case owned by the plaintiff from December 16, 2008 to June 30, 2014, the defendant has an obligation to return unjust enrichment to the plaintiff at a rate of KRW 600,000 for each of the instant real estate to 300,000,000 per annum of KRW 160,60,600 for each of the instant real estate x 160,600.6,6000.

[Plaintiffs asserted that the Defendant occupied and used each of the instant real estate since January 1, 2006, and sought a return of unjust enrichment during the said period, but Gap evidence No. 4 (Additional Number).

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