logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.05.19 2017가합509336
부당이득금
Text

1. The defendant shall pay to each of the plaintiffs 113,54,475 won and 15% per annum from April 25, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiffs were awarded a successful bid for the buildings listed in the separate sheet in the instant court C real estate auction procedure, and paid the price in full on August 5, 2015, and completed the registration of ownership transfer as to each of 1/2 shares on the same day.

B. The instant real estate is the office of the fourth floor, and the Defendant occupied and used the first, second, and third floor among them (hereinafter “instant real estate”). On January 28, 2016, the Plaintiff received an order to deliver real estate to the Defendant as D of this Court, and completed the execution of the delivery of real estate by this Court No. 2016No3817, Mar. 21, 2017.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition as to the obligation to return unjust enrichment, the Defendant, from August 5, 2015, acquired the ownership of the instant real estate by the Plaintiffs, occupied and used the instant real estate from August 5, 2015 to March 21, 2017, from which the Defendant lost possession of the instant real estate, thereby gaining profits equivalent to the rent, and thereby, suffered losses equivalent to the amount of the said rent. Accordingly, the Defendant is obligated to return unjust enrichment to the Plaintiffs equivalent to the rent due to the occupation and use of the real estate.

B. According to the court’s entrustment of appraisal of unjust enrichment for appraiser E, the annual rent for the instant real estate from August 5, 2015 to August 4, 2016 (hereinafter “annual rent”) is KRW 141,198,264, and annual rent for the period from August 5, 2016 to August 4, 2017 is KRW 136,354,195, and monthly rent for the period from August 5, 2016 to August 4, 2017. As such, the amount of unjust enrichment that the Defendant is liable to return to the Plaintiffs is the aggregate of the annual rent for the instant real estate from August 5, 2015 to August 4, 2017 to KRW 11,362,8,90, KRW 508, KRW 1968, KRW 3684, KRW 1968, KRW 1968, KRW 1968, KRW 153684,5686).86

arrow