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(영문) 창원지방법원 밀양지원 2018.07.10 2017가단1846

부당이득금

Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

Defendant, D, E, F, and G are children of net H (Death on August 19, 2007) and succeeded to the buildings listed in I, I, 15 square meters (hereinafter “instant site”) and the attached list on the ground (hereinafter “instant building”) from the deceased H in proportion to 1/5 shares, and completed the registration of ownership transfer on September 3, 2007.

J acquired 1/5 of F’s share of the instant building through a public auction on December 7, 2010, and completed the registration of ownership transfer on December 22, 2010, and thereafter completed the registration of ownership transfer on March 27, 2014, which donated 1/5 shares to K, and completed the registration of ownership transfer on the same day after purchasing 1/5 shares from K on August 25, 2014.

Plaintiff

A has completed the registration of ownership transfer by purchasing 1/5 of shares in the building of this case from D and G on July 28, 2014.

The Defendant purchased 1/5 shares of the instant building from E on August 28, 2014, and completed the registration of ownership transfer on September 3, 2014.

【The Plaintiff’s assertion of the overall purport of each of the statements and arguments set forth in subparagraphs A through 5 (including paper numbers) and the Plaintiff’s assertion of the Plaintiff’s deceased H, delegated the management of the instant building site and building to L, a spouse of C, around August 23, 2007, around August 23, 2007.

L around November 30, 2007, the entire part of the first floor of the instant building was leased to MM, etc., and the Defendant occupied, used and used the second floor of the instant building until now.

Therefore, on January 19, 2017, the period during which the Plaintiffs established the obligation to return unjust enrichment on the instant building and site to the Plaintiff A and the Plaintiff B, who are the right holder of 2/5 of the instant building and site, were designated as the delivery date from M, etc., on January 19, 2017.

Until now, the second floor of the instant building and the part corresponding to the Plaintiffs’ share out of the profits accrued from use and profit-making of the site.