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(영문) 서울중앙지방법원 2016.10.12 2015가단5313157
부당이득금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant K decided to newly build a Nuri commercial building composed of E-Dong-dong (hereinafter “instant commercial building”) and a self-owned share parking lot building (hereinafter “instant parking lot”) on the ground of Jongno-gu Seoul and one other, Jongno-gu.

B. On January 19, 2012, with respect to the instant commercial building, registration of preservation of ownership was completed with the owner of the Korean Asset Trust Co., Ltd. as the owner.

C. Of the instant commercial buildings, Plaintiff A is the owner of 404 and 410-1/2, and Plaintiff B is the owner of Non-dong 301, 302, 303, 401, 402, and 403, Da 109, Da 108, Y 405, Y 411, Y 201, Y 111, Y Y 112, Y 103, 105 through 107, and 201 through 210, etc.

On the other hand, the instant parking lot was not registered separately. Defendant K did not make a separate registration with respect to the instant parking lot on March 26, 2013, and Defendant K concluded the instant parking lot management consignment agreement with Defendant K to pay KRW 63,54,000 for the first year, KRW 63,54,00 for the second year, KRW 30,00 for the third year, KRW 24,000 for the second year, KRW 30,000 for the second year, KRW 30,000 for the second year, and KRW 30,000 for the second year, KRW 30,000 for the third year, KRW 30,00 for the second year, KRW 30,000 for the second year, and KRW 24,300,000 for the third year).

[Ground of recognition] Gap evidence Nos. 1, 2, and 4 (including each number, if any), Eul evidence Nos. 1 and 3, fact-finding results of this court's Jongno-gu Office (as of March 14, 2016), and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiffs’ assertion parking lot is registered as the annex building of the instant commercial building, and in fact, the parking of the sectional owners of the instant commercial building, which is an aggregate building, is smooth.

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