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(영문) 서울서부지방법원 2015.10.30 2015가단208408

부당이득금

Text

1. The Defendant’s KRW 70,000,000 among the Plaintiffs and KRW 60,000 among them, shall be KRW 10,000,000 from September 16, 2014.

Reasons

1. Facts of recognition;

A. On September 14, 1993, the building listed in the separate sheet (hereinafter referred to as the “instant building”) completed the registration of initial ownership by D, E, and F, the owners and co-owners of the relevant site (the land listed in the separate sheet) at the rate of 1/3 shares of September 14, 1993. At the time D, E, and F, an agreement was prepared to confirm the portion of the building possession of the instant building to the effect that F, 1, 2, 2, 3 floors among the instant buildings are owned and possessed by D, and 3 floors are owned and possessed by E (A9).

After that, E sold the owned part to D and completed the registration of transfer of shares on May 6, 199, and D sold the owned part to the Defendant and completed the registration of transfer of shares (2/3) on April 8, 2011.

On the other hand, G completed the registration of ownership transfer on March 6, 2014, based on the inheritance by agreement division with respect to F's share.

B. On September 16, 2014, the Plaintiffs owned by the Defendant among the land indicated in the separate sheet of 108.68 square meters among the land indicated in the separate sheet from the Defendant.

1.3. The whole of land:

2. A sales contract was concluded between the first floor, second floor, third floor, and rooftop of the instant building (hereinafter referred to as the “instant sales contract”). 60,000,000 won for down payment, intermediate payment of KRW 260,000 on the date of the contract, intermediate payment of KRW 260,000 on October 15, 2014, to pay KRW 335,000 for the remainder of the contract, and KRW 335,00,000 ( substitute for the acceptance of the obligation to return the lease deposit) on November 27, 2014 (hereinafter referred to as the “instant sales contract”). At the time of the conclusion of the instant sales contract, the geographical floor of the instant building was used by G, and the remainder (the instant sales part) was used by the Defendant for the area of the instant 3rd floor, excluding the area of the instant building and the area of the instant 25th floor as the area of the instant 1st floor as the owner of the instant building.