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(영문) 서울서부지방법원 2017.09.06 2016가합35802
부당이득금
Text

1. The Defendants:

A. As to Plaintiff B, respectively, KRW 47,526,214 and KRW 36,005,479 among them, from March 3, 2017 to September 2017.

Reasons

1. Facts of recognition;

A. From 1951, Plaintiff B jointly operated “A” as a private business chain that publishes textbooks, reference books, etc. from the year 1951 (hereinafter “Plaintiff B and networkF”).

B. On May 23, 1973, G-type projects converted the above A into a stock company and established Plaintiff A. Since then, Plaintiff B was the representative director, etc. of Plaintiff A, and the networkF was jointly operated by Plaintiff A as the vice president, director, etc. of Plaintiff A.

C. From 1981, the network F operated the “H” as a private business chain that publishes university teaching materials.

G on September 28, 1982, with respect to a building located in Mapo-gu Seoul Metropolitan Government I (hereinafter referred to as "Mapo-si") on the same day, the registration of ownership transfer for each 1/2 share is completed on the grounds of sale on the same day.

E. On October 8, 1982, G model completed the business registration of the “J” for the purpose of real estate rental business, and thereafter leased marinas under the name of the J.

F. From around 1983, the net F used 182m2 for H’s operation among the four-story storages of the building located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul.

(g) From around 2008, K warehouse was gradually in a state where consciousness was unknown due to health deterioration, and died on March 28, 201.

As his heir, there are wife N and childrenO and P of the wife L, the Defendants of children, and the deceased M (Death on January 25, 2001).

(The portion of each inheritance is as indicated in the corresponding part of the “net F Death” as set forth below. After the death of the net F, the above inheritor operated H.

H. Since 2007, the networkF and the Defendants used packaging materials, such as boxes, strings, kboards, strings, etc. owned by Plaintiff A, but did not pay the price. While using the Plaintiff’s K warehouse, they did not pay the price.

I. On August 12, 2011, the Defendants filed a lawsuit against the Plaintiffs, such as a claim for the return of unjust enrichment against marina houses (this court 2011Gahap10143, 2012Gahap31505), and at the appellate court, the claim for the return of unjust enrichment equivalent to the costs of the Plaintiff A’s packing materials.

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