부당이득금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 201, the Suwon-si D Main Complex Building (hereinafter “instant building”) is an aggregate building of 5 stories underground and 19 stories underground, and the commercial building from 19 stories underground to 5 stories above ground (hereinafter “instant commercial building”) was installed with floor boundary marks, partitions or walls, building number signs, etc. in accordance with the sectional ownership of the buyers at the time of opening of August 201. On August 24, 201, the Plaintiff completed the registration of ownership transfer with respect to 5 stories E above ground (hereinafter “previous Plaintiff shop”).
B. G, etc. as the representative director of F Co., Ltd. from August 15, 2002
9. By May, 90, the interior facilities, such as partitions, ceiling, floor, etc. of the instant commercial building were removed, and then the instant commercial building was installed on the fourth and fifth floors of the instant commercial building (hereinafter “the instant private house”).
C. On January 1, 2016, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) leased the 4,5th floor of the instant commercial building from H Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and thereafter operates the instant friendship from that time to that time. Defendant B is the representative director of the Defendant Co., Ltd.
The non-party company is the owner of the 135 underground floor among the instant commercial buildings on the registry, 96 above ground, 152 above ground, 3rd above ground, 173 above ground, 160 above ground, 42 above ground.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 17, Eul evidence 1 to 10 (including each number, if any) and the purport of the whole pleadings
2. The Plaintiff asserted by the parties against the Defendants against the delivery of the previous Plaintiff’s store on the registry of the fiveth floor of the instant commercial building, return of unjust enrichment equivalent to the rent from December 11, 2015, and payment of consolation money for the Plaintiff’s mental damage caused by the Defendants’ unauthorized occupation. Accordingly, the Defendants, including the previous Plaintiff’s store, seek against the Defendants the payment of consolation money for the Plaintiff’s mental damage. The divided buildings of the instant commercial building, including the previous Plaintiff’s store