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(영문) 서울중앙지방법원 2017.10.12 2015가단5361507
채무부존재확인
Text

1. The plaintiffs' unjust enrichment against the defendant E and F is paid according to the Seoul Central District Court Decision 2013Kahap563028.

Reasons

1. Facts of recognition;

A. The Defendant G agreed to install a retaining wall (hereinafter “the retaining wall of this case”) on the boundary of the Plaintiff, Jongno-gu Seoul Metropolitan Government land and H land, which is the co-owner of the land of Jongno-gu 548.8 square meters (hereinafter “I land”) adjacent to H on July 4, 2006, in order to execute a new construction of a tenement house on the ground of Jongno-gu Seoul Metropolitan Government HW large 304.5 square meters (hereinafter “H land”), and installed the retaining wall of this case around April 27, 2007 in accordance with the said agreement.

(E) The Defendant G had built the retaining wall of this case on the damaged stone embankment when the construction of access roads for the new construction of a tenement house was considerably damaged. (B)

I's land is owned by the plaintiffs who own a house on the ground, and H's land was sold in lots on the ground and the defendants shared the right to a site.

C. The retaining wall of this case was attached to the I ground building owned by the Plaintiffs, and was installed in a part of 10.4 square meters in the ship (b) connected each point of the H land indicated in the attached Form No. 1, 2, 10, 8, 9, 11, and 1 among the instant H land owned by the Defendants (hereinafter “the instant land”). The Plaintiffs used the instant land as a planting-out unit by cutting down trees on the upper part of the retaining wall of this case (the upper part of the retaining wall of this case).

The Defendants illegally occupied the instant land, which is a part of H land, and filed a land transfer lawsuit against the Plaintiffs as Seoul Central District Court 2013Gahap563028, May 20, 2015 in the said lawsuit (hereinafter “instant judgment”). The judgment to the effect that “the Plaintiffs jointly held from January 1, 2015 to the date of the Plaintiff’s possession or loss of possession of the instant land or the date of the Defendants’ loss of ownership of the said land, thereby making monthly unjust enrichment to Defendant G, J, and K, each month, KRW 24,891, KRW 24,899, KRW 24,899, KRW 12,450, each month to Defendant D, and Company,” etc. (hereinafter “instant judgment”).

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