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(영문) 서울중앙지방법원 2018.12.18 2016가단5271502

부당이득금

Text

1. The Defendants excludes the money stated in the calculation table of unjust enrichment in the attached sheet from Defendant F.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant F, Defendant K, Defendant G, Defendant G, Defendant H, and the network J et al. (hereinafter “instant land”) are not more than 1,33 square meters in Jung-gu, Seoul (hereinafter “instant land”).

(2) The building of this case is owned by Defendant M, Defendant L, S, T, U, and V as shown in the equity sheet in attached Form (2). The building of this case (hereinafter referred to as “building listed in attached Form 3-1”) is referred to as “the building of this case.”

) The Defendants and U.S. co-ownership is as shown in the third equity sheet.

B. U asserted that he agreed against the deceased to distribute the rent income of the building of this case in proportion to his co-ownership share, as Seoul Central District Court Decision 2008Da45676, and accordingly, filed a lawsuit claiming an agreed amount from May 2005 to September 2008. On May 13, 2009, the deceased filed a lawsuit for the agreement amount from May 13, 2009 to June 201, 2009 with U.S. as the agreed amount from June 30, 2009, KRW 4 million until June 30, 2009, and KRW 1,000,000,000 each by the end of each month during the period from July 20 to June 2011, and does not claim for all expenses incurred until June 2011 in relation to the management of the land and the building of this case.

"The content was adjusted."

C. The Deceased paid the agreed amount to U by June 201 pursuant to the above protocol of mediation. From July 2011, the Deceased continued to pay rent of KRW 1,00,000 per month, and upon U’s demand for U increase, the Deceased paid KRW 1,250,000 per month from October 201 to June 200.

U on December 30, 2004, donated each of the 66.12/1266 shares among the instant land to Plaintiffs D, B, and C, who are their children, and the 66.12/1266 shares, respectively.

E. Meanwhile, the J died on June 25, 2017 and succeeded to the obligation of K and L among its successors to the instant building by consultation and division. Defendant F, on December 19, 2017, donated 2.5/72 shares of the ownership to Defendant K and L on December 26, 201, respectively, to Defendant K and L, and completed the registration of transfer of each share in the name of Defendant K and L.