Taipei Renji Yuan (Taipei Benevolent Institution) sued the Cai family of "Shanghai Lao Tian Lu" (Shanghai Old Heaven's Dew) for the return of land. The first instance court ruled that the Cai family must demolish the buildings and return the occupied land, and must return unjust enrichment equivalent to rent from June 1, 2018. The second instance today rejected the Cai family's appeal. Appeal is possible.
The plaintiff, Taiwan Provincial Private Taipei Renji Yuan Foundation, claimed that Renji Yuan and the Cai family were co-owners of the buildings and had a lease contract, under which Renji Yuan leased the land to the Cai family as part of the base for the buildings, with the lease term ending on May 31, 2018. After expiration, no new lease was signed. The buildings unlawfully occupied an area of 33 square meters and 5 square meters. After the first instance verdict, the Cai family demolished the buildings and returned the land on October 15, 2024.
Renji Yuan further claimed that from June 1, 2018 to October 15, 2024, the Cai family received benefits equivalent to rent without legal basis, and should return the amount calculated at 8% per annum of the declared land value. Renji Yuan requested payment of NT$1,842,338 (including interest) for the period from June 1, 2018 to February 29, 2024, and NT$27,257 per month (including interest) from March 1, 2024 to October 15, 2024.
The first instance Taipei District Court ruled that the Cai family must demolish the buildings and return the occupied land to Renji Yuan, and return unjust enrichment calculated at 8% per annum of the declared land value from June 1, 2018 until the date of return. The Cai family appealed only the part concerning the return of unjust enrichment, and the second instance was heard by the Taiwan High Court.
The High Court held that the Cai family did not dispute that from June 1, 2018 to October 15, 2024, their co-owned buildings unlawfully occupied Renji Yuan's land. According to general social concepts, they obtained benefits equivalent to rent, so Renji Yuan was entitled to claim the return of unjust enrichment equivalent to rent during that period.
The High Court considered that the land is located in the bustling commercial area of Ximending, and the Cai family combined the use of No. 56, Chengdu Road and the building behind it to operate the famous "Shanghai Lao Tian Lu". The area has complete amenities, convenient transportation, and significant commercial activity. The court found that Renji Yuan's claim for unjust enrichment at 8% per annum of the declared land value was appropriate.
The High Court upheld the first instance judgment, allowing Renji Yuan to claim NT$1,842,338 from the Cai family, plus interest at 5% per annum from March 1, 2024 until the date of payment; and NT$27,257 per month from March 1, 2024 to October 15, 2024, plus interest at 5% per annum from the day after each payment date until the date of payment. This case can be appealed. (Editor: Zhang Mingkun) 1150603
