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(영문) 서울중앙지방법원 2017.04.06 2016가단5058198
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 31, 2009, the Plaintiff received a successful bid for 6.02 square meters among 4,196 square meters in Seocho-gu Seoul Central District Court C real estate rent auction and completed the registration of transfer of ownership by obtaining a successful bid for 22.37 square meters among 6.02 square meters in Seocho-gu Seoul Metropolitan Government D, and the 1182.78 square meters in the above land and the 1182.78 square meters in the above land and the above 2-site building (hereinafter “the instant

B. Various kinds of the instant buildings are B located in the instant stores for release on bail, and the instant stores that the Plaintiff acquired the Plaintiff’s ownership are the first floor of the instant building. Even after acquiring the ownership of the instant stores, the Plaintiff was unable to move in to the instant stores even after having acquired the ownership of the said stores. On August 7, 2015, the Plaintiff opened a household, such as metal cutting and tablers (hereinafter “the instant metal cutting machine, etc.”) located in the instant stores, and moved into the instant stores.

C. The Defendant is a non-corporate association established with the purpose of “contributing to friendship among members, interest of members, and development of the precious metal industry” consisting of 83 shop owners located in the instant building.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. From March 31, 2009 to August 7, 2015, the Plaintiff claimed against the Defendant for the payment of the sum of KRW 76,00,000,000,000 for the instant store’s rent, and the Defendant obstructed the Plaintiff’s salesroom to use the instant store as an office of a company, not a precious metal store, and the Plaintiff acquired the Plaintiff’s ownership, and the Plaintiff occupied and used the instant store without permission as a rest area and a place of work for the Defendant’s members until August 7, 2015, which occupied the instant store by placing the instant metal cutting machine, etc. after acquiring the Plaintiff’s ownership.

B. According to each video of saves Nos. 4 through 8 (including paper numbers), the Plaintiff acquired the ownership of the instant store from the time when the Plaintiff acquired the ownership.

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