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(영문) 서울중앙지방법원 2017.09.01 2014가합595312
부당이득반환 청구의 소
Text

1. The Defendants are to the Plaintiff:

A. Attached Form 2’s “Personal Use Amount and Claim Amount List” refers to the pertinent “Personal Use Amount 1.”

Reasons

1. Basic facts

A. The Dongjak-gu Seoul Metropolitan Government AT large 3,382 square meters (hereinafter “instant site”) owned by AU, and on March 18, 1995, AV inherited the same.

AV disposed of some of the shares in the instant land to a third party. On June 23, 2011, AV completed the registration of transfer of shares on the ground of a contract for the allocation of inherited property made on June 15, 1995 in the future of the Plaintiff, a partner, for the share remaining in AV as of June 23, 201.

AW large 936 square meters (hereinafter “the adjoining land of this case”) are currently owned by AX and AY Co., Ltd. (AY: hereinafter “AY”).

B. The AU newly constructed a main complex building on the fifth floor size (attached Form 1; hereinafter “instant building”) on the instant site and adjoining land, and sold the instant building during construction in AY on October 1, 1973.

C. AY completed the instant building and obtained approval for use on January 7, 1976, and sold each apartment house from the third to the fifth floor (hereinafter “instant apartment”) to the household. Since June 23, 2011, each owner of each household from June 23, 2011 to the date of closing argument in the instant case, who acquired the Plaintiff’s share in the instant building site, due to the transfer or inheritance of a part of the instant apartment from the third to the fifth floor, is as indicated in the relevant “owner” column.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings

2. Formation of a claim for unjust enrichment

A. According to the above facts of recognition as to the cause of the claim, the Defendants owned the instant apartment on the instant site, thereby making use of and benefit from the instant apartment site.

Therefore, according to the Plaintiff’s claim, the Defendants, the owner of the instant land, the following day, the duplicate of the instant complaint was served on the Defendants.

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