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(영문) 서울중앙지방법원 2017.01.13 2015가단5167484

부당이득금

Text

1. The Defendants are to the Plaintiff:

A. The money stated in the corresponding column in attached Form I (1) in the corresponding column of “the aggregate amount.”

Reasons

1. Facts of recognition;

A. On December 7, 2009, BI completed the registration of transfer of ownership in the name of BI on April 26, 2007 with respect to the share of 82.8/4,218.709 (hereinafter “instant share of real estate”) out of the Seocho-gu Seoul High Court 2,538.4 square meters (hereinafter “instant real estate”).

B. On June 23, 2014, the Plaintiff purchased the instant real estate share from BI and completed the registration of transfer of ownership in the name of the Plaintiff on July 25, 2014.

C. The Defendants owned each building on the instant real estate surface indicated in the column for building size column in attached Form 1, and possessed the instant real estate from December 7, 2009 to December 7, 2009.

BI on January 26, 2015, transferred to the Plaintiff the claim for the return of unjust enrichment against the remaining Defendants except Defendant G on July 25, 2014.

BI provided the remainder Defendants except Defendant Q, T, V, AD, AD, AK, AY, and BH with the notice of transfer on March 3, 2015 and April 2015, and the notice reached the relevant Defendants around that time. On behalf of BI, the Plaintiff notified the relevant Defendants of the transfer of the above claim for restitution of unjust enrichment against Defendant Q, T, V, AA, AD, AK, AY, and BH through the service of the complaint of this case. A copy of the complaint was served to the said Defendants around that time.

E. The instant real estate share constitutes a restriction on the use of land due to a ground building, and the annual rent and monthly rent from January 1, 2010 to December 31, 2015 are as shown in attached Form 3.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including numbered evidence; hereinafter the same shall apply), appraiser BK's appraisal result, fact-finding results on the above appraiser, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above recognition of the duty to return unjust enrichment, the right to possess the instant real estate exists.