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(영문) 서울중앙지방법원 2016.08.09 2015가단215609
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. From May 15, 2008, the Plaintiff owns 2/10 shares of Jongno-gu Seoul Metropolitan Government D-172.5 square meters (hereinafter “instant land”).

B. From January 26, 2011, the Defendants owned 4/10 shares of each of the instant land and 1/2 shares of each of the instant 4/10 shares among reinforced concrete and brick sloping roof, located on the instant land (hereinafter “instant building”).

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 2, and the purport of whole pleading

2. The Defendants asserted that the Plaintiff owned the instant building on the instant land from January 26, 201 to use the Plaintiff’s 2/10 shares on the instant land. As such, the Plaintiff is obligated to pay to the Plaintiff unjust enrichment of KRW 36,122,209, respectively, calculated at five percent of the annual official announcement price of each of the instant land from January 26, 201 to December 31, 2015, the Plaintiff’s fees for buildings received from the Defendants from the Defendants from January 26, 201 to March 26, 2015, after deducting KRW 6,30,3333,872, and delay damages therefrom, respectively.

3. Determination

A. The Defendants are obligated to pay unjust enrichment equivalent to the rent for the Plaintiff’s share out of the instant land, unless they prove the lawful source of right to possess land on the instant land, as the Defendants owned the instant building on the instant land and occupied and used the Plaintiff’s share.

B. As to the Defendants’ assertion (i.e., the Defendants asserted to the effect that they have the right to possess the Plaintiff’s share among the instant land, since they agreed to use the instant land by giving 18.48% of the remainder after deducting all expenses from the rent of the instant building.

The following facts do not conflict between the parties or between Gap, Eul evidence 1 to 7, Eul evidence 1-1, 2, Eul evidence 2 to 4, and Eul.

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