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(영문) 서울서부지방법원 2015.04.23 2013가합33508

부당이득금 반환 청구의 소

Text

1. The Defendants jointly share KRW 95,133,865 to the Plaintiff and Defendant A with respect thereto from December 1, 2014, and Defendant B.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that has owned 1,954.4 square meters in Yongsan-gu Seoul Metropolitan Government (hereinafter “C”) and 133.2 square meters in the E railroad site, and 1,071.7 square meters in the F railroad site (hereinafter “each of the instant lands”) prior to April 13, 2012.

B. In around 2010, the Plaintiff filed a lawsuit against G to seek delivery, removal, and return of unjust enrichment based on ownership (Seoul Western District Court Decision 2010Gahap4912, hereinafter “previous lawsuit”) (the Plaintiff succeeded to the Plaintiff of this case as the Plaintiff of this previous lawsuit, regardless of whether before or after the participation in the lawsuit was succeeded; hereinafter the same shall apply). Since the cause of the previous lawsuit was changed once, “the Plaintiff is the owner of each land of this case, and G uses each land of this case as a closed yard after installing machinery, apparatus, save facilities, etc. on each land of this case without title, from June 12, 192, after collecting paper, container, etc., which was removed, and thus, the Plaintiff has a duty to return unjust enrichment equivalent to the rent of each of the above land to the Plaintiff. The settlement order became final and conclusive as follows. < Amended by Act No. 10315, Jan. 19, 201>

(1) Matters to be decided

2. G is “Plaintiff (Withdrawal)” in the instant case of the Plaintiff, and “Plaintiff-Succession Intervenor” is “Korea Railroad Corporation (former Plaintiff)”.

The original text of the decision under paragraph (2) is written only as “Plaintiff,” and there is room for misunderstanding that the subject of paragraph (2) of the decision is “ Asia Trust Co., Ltd.,” but in light of the context before and after, it is considered as the context.