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(영문) 서울중앙지방법원 2019.04.26 2018가합556124

원상회복 청구의 소

Text

1. All of the plaintiffs' primary claims are dismissed.

2. The defendant,

A. D Co., Ltd., Defendant and E.

Reasons

1. Basic facts

A. The Plaintiffs as the Plaintiffs and F, G, H, I, B, and J Co., Ltd. (hereinafter “J”) are co-owners holding the right to share of 7,032 square meters of the land K in Busan-gu, Busan-do (hereinafter “instant land”). From February 4, 2015, E Co., Ltd. (hereinafter “E”) holding several buildings on the instant land (hereinafter “each of the instant buildings”) and possessing the site of each of the instant buildings (hereinafter “E”) with respect to E Co., Ltd. (hereinafter “E”) holding the right to claim for restitution of unjust enrichment pursuant to the Busan District Court Decision 2015Ga6190 decided.

Plaintiff

A: 15% interest per annum from March 23, 2016 to the day of complete payment; 8,187,471 won per annum; 15% interest per annum from March 23, 2016 to the day of complete delivery of the site for each of the instant buildings; 7,674,521 won per annum from March 23, 2016 to the day of complete payment; 7,674,521 won per annum from March 23, 2016 to the day of complete payment; 72,159,047 won per annum from March 23, 2016 to the day of complete payment; 15% per annum from March 23, 2016 to the day of complete payment; 15% per annum from March 23, 2016 to the day of complete delivery of the building and the site for each of the instant buildings; 5,117,62H68,6316.

B. The Defendant’s transfer of assignment and cancellation contract for the transfer of assignment to E (1) The Defendant transferred the claim No. 1 indicated in the attached Table 1 List to E on August 19, 2014, and as of the same day, D Co., Ltd. (hereinafter “D”).

as above.