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(영문) 서울중앙지방법원 2017.06.09 2016가합562156
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 23, 1995, the Plaintiff (the trade name prior to the alteration: the ASEAN Investment Finance Corporation) and the Defendant newly constructed a reinforced concrete structure 232 m2 m2 (Yinsan-dong) on the ground of 1189.8m2 m3m2, 1995, 612.45m2, 613.7m2, 613.7m2, 613.7m2, 617m2, 847.06m2, 847.06m2, 847.06m2, 63.17m2, each of which was 1/2 shares.

B. The Defendant occupied the first floor of the instant building and used it as a exhibition for automobile sales, etc., and the Plaintiff occupied the second floor of the instant building and used it as an office, etc.

C. On the other hand, the Plaintiff and the Defendant were affiliated companies belonging to the same arche Automobile Group, but the Defendant was transferred to the Hyundai Group around March 1999, and the affiliated relationship was terminated.

After that, the Plaintiff and the Defendant sold the entire building of this case to the Non-Party New Co., Ltd. on March 27, 2015, and completed the registration of ownership transfer on April 30, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2-1, 1-4 of Eul evidence 1-1, and the purport of whole pleadings

2. The Defendant asserted that the Plaintiff occupied the first floor of the instant building solely from June 23, 1995 to April 30, 2015 without any legal ground, thereby causing damages equivalent to 1/2 of the rent of the first floor of the instant building to the Plaintiff and gaining profits equivalent to the amount of said damages.

Therefore, the Defendant shall return to the Plaintiff 1/2 equivalent to the Plaintiff’s share out of the amount obtained by subtracting the total sum of the rent for the second floor of the instant building possessed by the Plaintiff from the total sum of rent for the first floor during the period from February 1, 2006 to April 30, 2015, which was later than the tenth anniversary of the filing date of the instant lawsuit.

3. Determination

(a)the exclusive use of the portion of the relevant legal doctrine co-owners, including to the effect of another co-owner’s co-ownership;

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