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(영문) 서울중앙지방법원 2018.08.24 2017가단5155683
부당이득금
Text

1. The Defendants each of KRW 26,064,396 to the Plaintiff, respectively, and 5% per annum from September 8, 2017 to August 24, 2018.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants shared each of the 2/9 shares of Osan City D Ground Buildings (hereinafter “instant buildings”) with the respective 3/9 shares, and the mother of the Plaintiff and the Defendants owned the remainder of 3/9 shares.

B. On November 20, 2013, with the consent of the Defendants and their mother, the Plaintiff leased the instant building up to November 14, 2016 by setting the deposit amount of KRW 60 million to G and the period of KRW 2.5 million for lease (the lessor stated in the lease contract that “Defendant A et al. al.,” stated that the said lessee did not renew the contract, and operated the said repair work again at one store located in a size of 100 square meters (hereinafter “the primary construction”). The Plaintiff was suspended from business on June 11, 2015.

[Ground of recognition] Each entry of Gap 1 through 5, 8, 9, 11, 16, 30 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff spent 121,813,510 won, 2,790,000 won, 37,425,300 won and 163,380 won and 27,425,300 won and 163,380 won and 230 won and 36,30 won and 36,306,717 won and 230 damages for delay corresponding to the defendants' shares in co-ownership among the expenses for managing the above co-ownership are liable.

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