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(영문) 서울중앙지방법원 2018.02.09 2016가합557550

양수금

Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Ownership shares of the land in the sequence of basic facts: During 27/1050 of 9 F 84/100 of 9 F. 27/1050 of 7/1050 of the ownership shares of the land owner, the land owner: during the period of 93/100 of 9684 square meters Ma284 square meters in the Gu, Sinyang-si during the period of 94/100 of 93 square meters in the Gu, Sinyang-si during the period of 94/100 of 595 square meters in 575 square meters in the Gu, J. 2575 square meters in the area of 95/84 square meters in the area of 25/84 square meters in the Gu, Jeonyang-gu during the period of 96/84 square meters in the area of Y.

A. E and F’s ancillary children share the share of “ownership shares” in each of the lands listed below (hereinafter “land of this case”) as indicated below (hereinafter “the instant land”). In common sense, E and F share of ownership is jointly owned.

B. Around 2011, the Plaintiff was established for the purpose of the raw material recycling and environmental health business, real estate sale and lease business, etc., and around January 2016, “real estate consulting” was added to the purpose of the articles of incorporation.

The representative director M is the child of the above F and the grandchild of E.

C. The Defendants possessed part of each of the instant land, respectively. On August 25, 2016, E and F transferred the Plaintiff’s claim for return of unjust enrichment equivalent to the rent owed to the Defendants under the name of “price for consulting fees” (hereinafter “transfer of claim in this case”), and delegated the authority to notify the transfer of claim.

On August 26, 2016, the Plaintiff notified Defendant B of the transfer of each of the instant claim for return of unjust enrichment regarding the instant land Nos. 1 through 4, and each of the instant claim for return of unjust enrichment regarding the instant land Nos. 5 and 6 by mail, and each of the instant notification reached the Defendants on August 29, 2016.

E. On November 21, 2017, the Plaintiff notified Defendant B of the transfer of each of the instant claim for return of unjust enrichment regarding part of the instant land No. 5 and each of the instant claim for return of unjust enrichment on part of the instant land No. 1, and that the said notification reached November 23, 2017.

[Ground of recognition] dispute.