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(영문) 서울중앙지방법원 2014.07.04 2013가합50539

부당이득금

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is entitled to KRW 51,040,583 against the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The Plaintiff, the network D, B, and E are children of the networkF.

B. The previous 126 square meters of Jung-gu Seoul Metropolitan Government G (hereinafter “instant land”) is owned by the network F. As he died on December 10, 1968, he/she completed the respective registration of ownership transfer by succeeding to the 3/9 shares of the network, 2/9 shares of the Plaintiff, the network B and E, respectively.

C. On the instant land, the instant building existed, and on November 16, 1965, the registration of ownership preservation was completed in the future B of the deceased on November 16, 1965, and on June 21, 2013, the registration of ownership transfer was completed due to the Defendant’s name, a child of the deceased on June 21, 2013 in the name of the deceased on February 13, 2013.

On January 1, 2007, the plaintiff and the deceased B and E provide that "the plaintiff, B, and E provide the land and buildings in this case for the lease business, and the ratio of profit sharing and loss sharing shall be determined by 2/9 and 5/9, respectively, in relation to the land and buildings in this case."

E) The monthly rent of the instant land and building is 12.3 million won in total. Among them, three million won in monthly rent of the 105th floor of the instant building was paid directly by the Plaintiff from November 201 to the date of the closing of argument in the instant case in accordance with the agreement stipulated in the instant agreement. The network B died on February 26, 2013 during the instant lawsuit, and the Defendant, who succeeded to the rights and obligations of B under the instant agreement, took over the instant lawsuit. [In the absence of dispute over recognition, Gap 1,2, 18, Eul 1, Eul 2, Eul 2, Eul 3-1, Eul 3-1, Eul 7-1 to 3, Eul 13, Eul 13, and 30-1, Eul 13, and 30-1, the purport of the entire pleadings, the purport of the entire pleadings, and the purport of the arguments in this case as a whole.

2. Determination on the main claim

A. The Plaintiff’s assertion 1 is owned by inheritance of 2/9 shares of the Plaintiff, net B and E, respectively, and the instant building was newly constructed by net F and D.