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(영문) 서울남부지방법원 2009.12.01 2009가합3020
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs asserted that the plaintiff A owns the shares from March 4, 1986 to March 26, 2008, and from March 27, 2008 to March 27, 2008, the defendant B owns 60.79/14 of the building as stated in the attached Table 2 (hereinafter "the shares in this case").

However, the defendants are exclusively occupying and using the buildings listed in the attached Table 2 without excluding the plaintiffs.

Therefore, the Defendants are obligated to return to the Plaintiffs unjust enrichment stated in the purport of the claim due to the possession and use of the building listed in attached Table 2.

2. Facts of recognition;

A. A building listed in attached Form 2 is a building newly built for the shopping mall by K and L (hereinafter “K”) around January 1, 1984.

K et al. divided the building of this case into 20 stores without accurate survey, and prepared a divided map with the area and number of units, and sold each co-ownership share based on it. The number of buyers who purchased each co-ownership share were to conduct business by setting a division without accurate survey and then install partitions later.

B. On February 20, 1986, M, who purchased the instant shares from K, etc., entered into a contract to establish a right of lease on a deposit basis with N, deposit money of KRW 18,00,000 with respect to the said shares as of February 20, 1986, and as of August 9, 1986, registered the right of lease on a deposit basis with N on March 4, 1986.

N's right to lease on a deposit basis was renewed on August 10, 1986 under the same condition as that of August 10, 1986 because there was no notification of rejection of renewal between the parties until the expiry of the duration.

C. On February 20, 1986, Plaintiff A purchased the instant shares from the buyer M on February 20, 1986, and completed the registration of ownership transfer on March 4, 1986.

Plaintiff

B purchased the above shares from the plaintiff on March 10, 2008 and completed the registration of ownership transfer on March 27, 2008.

The defendants have sold each co-ownership of the buildings listed in the attached Form 2 from K, etc. or occupy each shop of the buildings listed in the attached Form 2 after purchasing from the buyer.

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