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(영문) 서울중앙지방법원 2019.07.24 2018가단63410

청구이의의 소

Text

1. Of the instant lawsuit, it is based on the Seoul Central District Court Decision 2013Na35664 Decided July 3, 2014.

Reasons

1. Basic facts

A. The ownership of real estate 1) E and F are real estate Gdong in Dongjak-gu Seoul Metropolitan Government on May 15, 2009 (hereinafter “Gdong”).

2) Of the multi-household buildings newly constructed on H large 15 square meters and adjacent I large 152 square meters, J and K (hereinafter “instant Jho-ho and K”)

(2) L has completed the registration of initial ownership relating to each one/2 share of the Seoul Central District Court’s compulsory sale by official auction. L has completed each registration of ownership transfer on September 6, 201 with respect to each share of 1/2 out of the K of this case. L has completed each of the registration of ownership transfer on July 7, 2011 with respect to each share of 1/2 out of the K of this case.

B. E’s lawsuit seeking return of unjust enrichment and the Defendants’ inheritance 1) L filed a lawsuit claiming return of unjust enrichment against L, Q and Plaintiff (hereinafter “L, etc.”) under the Seoul Central District Court Order 2012Da547620, and the instant lawsuit claiming return of unjust enrichment against L, Q and Plaintiff (hereinafter “L, etc.”) filed a lawsuit claiming return of unjust enrichment due to the possession and use of each of the instant J, P, and K from October 26, 201, jointly with Q, who were first ASEAN, from October 26, 201, and the Plaintiff, from March 27, 2012.

On June 25, 2013, the above court rendered a judgment that "E, L, Q jointly and severally owned KRW 9,051,401 and KRW 8,784,064 among them, L, and the Plaintiff jointly and severally paid damages for delay of KRW 4,066,401 and KRW 3,93,966 among them, on the grounds that L and the Plaintiff occupied the instant subparagraph K together with the Plaintiff."

3 For this, L et al. appealed to the Seoul Central District Court case No. 2013Na35664, and the appellate court's appeal court's "L" and Q Q from November 8, 2011 to May 22, 2013, the unjust enrichment to be returned due to possession of the title J of this case is KRW 9,051,090, L and the Plaintiff.