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(영문) 청주지방법원제천지원 2016.05.25 2015가단1020
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 14, 2012, 2012, AFC Pamp Co., Ltd. (hereinafter referred to as “NC Pamp”) completed the registration of ownership transfer with respect to F.853 square meters (hereinafter referred to as “instant land”) and neighborhood living facilities with ten floors above the instant building (hereinafter referred to as “instant building”). On the same day, the registration of ownership transfer was completed with respect to the Bank of Korea (hereinafter referred to as “Korea Bank”) with the maximum debt amount of KRW 3,960,000,000.

B. E and D leased the second floor of the instant building (the building was a partitioned building, such as the building listed in paragraph (1) of the attached Table 1 after this year; hereinafter “second floor of the instant building”) from E and D respectively from E and D around the second floor of the instant building in the second half of 2012, to operate each medical care center, respectively, and E were to perform the interior work using the third floor of the instant building (the third floor of the instant building, such as the building listed in paragraph (2) of the attached Table 2 after this year; hereinafter “the instant building”). D was to perform the interior work using the expenses between the second floor and the third floor of the said building.

C. On April 30, 2013, the Cheongju District Court of the Cheongju District Court of the Bank, which was the mortgagee of the instant land and building, rendered a decision to commence voluntary auction on the said land and building.

(hereinafter “The instant voluntary auction”). The Plaintiff purchased the instant land and buildings in the said voluntary auction procedure and completed the registration of ownership transfer on December 26, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant, which caused the claim, in collusion with B, C, D, and E (hereinafter “B et al.”) and jointly occupied the second floor and the third floor. As such, the Defendant jointly occupied the second floor and the third floor with three other parties as compensation for damages caused by the tort and owned the Plaintiff KRW 16,265,000.

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