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(영문) 서울중앙지방법원 2013.08.22 2011가합120298

부당이득금반환

Text

1. The defendant stated the plaintiffs in the "final calculation of unjust enrichment" sheet in attached Form 1, respectively.

Reasons

1. Basic facts

A. The building of the BR market building and the building of the BS company (hereinafter “instant building”) are the aggregate buildings newly built on the BT (hereinafter “BT land”) and BU land (hereinafter “BU land”) on around 1979. At the time of the new construction, the 1st and third floors above the ground were 400 clothing sales stores, and the 1st and third floors below the ground were common areas such as the stores, parking lots, transformation rooms, machine rooms and communication rooms, etc. subject to sectional ownership.

Since July 9, 1979, all sectional owners who purchased each store of the instant building (hereinafter “each of the instant partitioned buildings”) have established BS Co., Ltd. (hereinafter “S Co., Ltd.”) for the development of the BR market and the management of the entire building of this case.

B. The parties concerned and the defendant involved in the management of the non-party company from around July 1994, who was in office as the representative director of the non-party company from around July 1998, and the plaintiffs owned each of the instant sectional owners who owned each of the instant sectional sections for a certain period between November 23, 2001 and May 23, 2013 (the period during which the plaintiffs owned each of the instant sectional sections of this case is the same as the period stated in the "period of possession of the sectional building" in the attached Table 3).

C. Before the development project is implemented as seen earlier, the current status of the use of underground floors and registration relation 1). Of the underground floors of the instant building, the zone belonging to BT land was included in the section of exclusive ownership to which a part of the sectional owners own the ownership [the section of exclusive ownership includes the section of exclusive ownership that belongs to the section of exclusive ownership (hereinafter “the original store of this case”).

The common area for common use of all sectional owners of the building in this case and the common area for common use of the building in this case (the common area shall be used for underground parking lots, pumps, electricity rooms, etc.).