부당이득금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. Paragraph (1) of this Article shall apply to the judgment of the first instance;
Basic facts, regarding No. 101 among the buildings of the dong-gu, Gwangju-gu, the 1st underground floor and the 4th ground of the ground in Gwangju-gu (hereinafter “instant building”), the registration of preservation of ownership in nine persons, including the number, plaintiffs (6/34 of each equity), E, F, G, H, the defendant (each equity 4/34), I, and J (each equity 1/34), were completed on March 7, 2008 by the Gwangju District Court No. 41059.
Defendant, J, and H appointed Defendant as the administrator of the instant building on October 24, 2010.
[2] The Defendant concluded a lease agreement with K on October 16, 201 with the deposit monthly rent of KRW 101-2 (hereinafter “instant store”) as follows, with respect to the KRW 130/238 (Defendant 62/238 J 34/238). Of the instant building, the Defendant concluded a lease agreement with K on January 16, 201 to August 16, 201, as follows: < Amended by Act No. 11941, Oct. 16, 2013>
(hereinafter “Lease”) From January 16, 201, the Plaintiff’s co-ownership with respect to the instant store was 27/238, and the Defendant did not pay to the Plaintiff the amount equivalent to the Plaintiff’s share during the rent of the instant lease.
[Ground of recognition] The defendant's assertion as to Gap's evidence Nos. 1 through 3, the whole purport of the pleadings, and the purport of this defense is to seek a payment of the rent equivalent to his/her own share, and the defendant asserts that the lawsuit of this case is unlawful for the following reasons.
The instant building consists of seven stores, including each of the instant stores, and there is a dispute similar to the instant case between the Plaintiff and the Defendant regarding each of the stores.
The period of request for a case number (unit) store (source) 2014Na8093 101-12M 101-3 12M 201 301 - 201 - September 27, 2003 from September 27, 2005 to May 26, 2005 (20 months) 19,658,824 2014 or 8536 101-2, 16, 188, 6020 - 2014 or 8543 - 15, 2014 or 16, 2014 or 8543 201. < Amended by Act No. 10521, Mar. 14, 2011; Act No. 10594, Jan. 15, 2014>