Auburn Maranatha Institute, Inc. v. Georgia Korean Church

Ejectment action by corporation which owned property being used as a church by defendant. In 1988, defendant moved to a church facility consisting of two buildings located on acreage owned by plaintiff. Defendant's members believed, based on plaintiff's president's statements, that they were given free use of the facility as their worship place until the return of Christ. They proceeded to make permanent improvements to the property at a cost of $84,125.85. In 1994, plaintiff notified defendant that it would be required to pay rent in the amount of $700 per month or surrender possession of the premises. When defendant did not pay the rent demanded, plaintiff brought suit for possession of the property. Defendant counterclaimed charging plaintiff with fraud and asserted that it had been unjustly enriched by the value of defendant's improvements to the property.

Judgment for possession entered for plaintiff and judgment for defendant on its unjust enrichment claim in the amount of $84,125.85.

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Reversed in part by the Court of Appeals of Georgia which awarded plaintiff rent of $100 per week beginning 60 days after its demand for possession or rent until defendant vacated the premises. See: 501 S.E.2d 846 (Ga.App. 1998). The date shown above is the date of the appellate court decision and not the date of the trial court judgment.