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(영문) 청주지방법원 충주지원 2018.02.08 2017가단23397

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant share each real estate listed in the separate sheet in the same proportion as the attached list.

B. The Plaintiff and the Defendants are descendants of a joint shipbuilding with the network E as a supplementary aid.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion is that the Defendant exclusively uses and benefits from each real estate listed in the separate sheet without the consent of other co-owners, and thus, the Plaintiff is obligated to pay 36,001,98 won equivalent to the Plaintiff’s share from 2006 to 2017 as unjust enrichment and delay damages therefor.

B. The data submitted by the Plaintiff alone is insufficient to recognize that the Defendant exclusively uses and benefits from each of the real estate listed in the separate sheet as alleged by the Plaintiff, and there is no other evidence to acknowledge this. Therefore, the Plaintiff’s assertion is without merit.

3. In conclusion, the plaintiff's claim against the defendant of this case is dismissed as it is without merit. It is so decided as per Disposition.