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(영문) 서울북부지방법원 2015.12.17 2014가합24598

부당이득금

Text

1. The Plaintiff:

A. Defendant B’s KRW 2,087,143 as well as 5% per annum from January 25, 2015 to December 17, 2015.

Reasons

1. Claims against Defendant B, C, G, H, J, K, and L

A. 1) N is an area remaining after part of August 30, 2007, in Seoul Special Metropolitan City, Nowon-gu, 722 square meters (as part of August 30, 2007).

(2) The remainder of the area divided as part of June 12, 2008 shall be the area remaining after the division of a P forest land 258 square meters and Q miscellaneous land 267 square meters.

(3) The land was divided into 1,198 square meters on August 30, 2007, 353 square meters and 1,139 square meters on a miscellaneous land (1,198 square meters on August 30, 2007).

(2) On August 30, 2007, U miscellaneous land was divided into 41 square meters (hereinafter “T”).

When hereinafter referred to as "each of the lands of this case" is referred to as "each of the lands of this case" and each land is specified and indicated only by the lot number when referring to it.

On July 20, 1985, the Plaintiff inherited 3/8 shares of each of 3/8 shares of each of the instant lands as N on March 27, 2005. 2) After that, the Plaintiff succeeded to 3/8 shares of each of the instant lands as N on March 27, 2005. 2) Of the S land, the Plaintiff’s 3/8 shares of the Plaintiff were transferred to Nowon-gu in Seoul Special Metropolitan City upon the acquisition of each public site on December 10, 2008, and P shares were transferred to beneficiary on September 30, 2013.

3) During the period in which the Plaintiff owned 3/8 shares of each of the instant lands, Defendant B, C, G, H, and M have occupied and used a certain portion of each of the instant lands for that period as indicated in the following table. From among Defendant 1 B’s land occupation completion date on March 24, 199, Defendant 2 C, on March 21, 2007, on December 21, 2003, Defendant 2, on June 2007, Defendant D, on June 20, 2007, was 41 square meters among Defendant 6 G U land, on June 5, 2007, and on March 205, 207, Defendant J. 1, 207, on June 3, 2008, Defendant J. 2, 205, on March 15, 2008, on the inheritance of Defendant D P land on March 20, 2008.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 7, 2 through 5, 7 through 9 are available.