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(영문) 서울남부지방법원 2017.09.14 2015가단31074

정압기시설 철거와 대지인도 및 점용료

Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. The gist of the Plaintiff’s assertion and the designated parties (hereinafter “Plaintiff et al.”) are the sectional owners who moved into the instant apartment (hereinafter “the instant apartment”) on the ground of the Guro-gu Seoul Metropolitan Government B large scale 80922m27m2 (hereinafter “instant land”).

From around 2011, the Defendant is running urban gas business for the Plaintiffs without permission by installing the 125.2 square meters of “1” portion on the ground and on the ground or on the ground connected in order to each point of the attached Table 1, 2, 3, 4, 5, and 1 among the instant land, and without paying the fees for occupation and use.

Therefore, the Plaintiff et al., as the owner of the instant land, seek against the Defendant the static pressure installed without permission on the instant part of the land, removal of relevant facilities, and delivery of the relevant part of the land.

In addition, the Defendant is obligated to return to the Plaintiff, etc. unjust enrichment equivalent to the occupation charges due to unauthorized occupation and use of the instant land. The Defendant is obligated to pay to the Plaintiff, etc. unjust enrichment calculated by the ratio of KRW 1,229,00, which is the monthly rent for the pertinent period from June 19, 2005 to June 18, 2016, namely, unjust enrichment of KRW 167,14,000, which is the sum of unjust enrichment for 136 months from June 19, 2005 to October 19, 2016, and from October 19, 2016 to the completion date of delivery of the said land portion.

2. The plaintiff et al.'s claim against the designated parties, not the sectional owners of the apartment of this case, is premised on the premise that the plaintiff et al. is the co-ownership right holder of the land of this case, which is the site owner of the apartment of this case. According to the records of this case, some of the designated parties are recognized as being only the tenants, not the sectional owners of the apartment of this case. Thus, the designated parties are the apartment