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1. The appeal by the Defendant (Counterclaim Plaintiff, the appointed party) and the Defendant (Counterclaim Plaintiff, the appointed party) expanded by this court.
Reasons
1. The reasoning of the judgment of the court of first instance citing this case is as follows, and the reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgment as stated in paragraph (2). Thus, this case is cited by the main sentence of Article 420
Part 4, Chapter 17, " July 16, 2007," shall be applied to " July 26, 2007," respectively.
Part 4, Paragraph 18-19, "At present 8,008.72/9,912.57 shares in the building of this case are owned by the court below's 8,008.01/9,912.57 shares in this case due to the subsequent revision of judgment after the correction of judgment, the above 980.09/9,912.57 shares are corrected as 980.09/9,912.57 shares, and 8,008.64 (=4,956.285 +4,032.45-980.09)/9,912.57 shares are owned."
Part 5, Paragraph 4, "No. 491.92/9, 912.57" was added to "Each 461.92/9, 912.57 shares".
Part 6 3 provides that "31,641,054 won" shall be "37,293,630 won (including unjust enrichment related to this case)".
Part 7 11-17 shall be cut up as follows:
A person shall be appointed.
A. On September 22, 2006, the Plaintiff asserted by the Defendants concluded a lease agreement with F to install a telecommunications relay facility on the rooftop of the instant building without the consent of the Defendants, and subsequently received payment of KRW 17 million from F as rent.
However, the actual shares of the Defendants as to the instant building are 4,032.45/9,912.57 by the Defendant, and the remaining designated parties each 461.92/9,912.57, and the ratio of shares between the Defendant and the remaining designated parties is 81:19. During the period when the Plaintiff received the said 17 million won, the ratio of shares owned by the Defendants is 1/2 for the designated parties C, 1/2 for the designated parties B, 1/11 of 1/2 for the designated parties, and 10/11 for the designated parties D.
Therefore, with the return of unjust enrichment, the Plaintiff shall return the amount of KRW 13,770,00 to the Defendant, KRW 1,615,00 ( KRW 17 million x 0.81), KRW 1,615,00 ( KRW 0.19 x 1/2 x 000 x 0.19 x 1/200), and KRW 146,818 ( KRW 1,468,181 x 17 million x 17 million x 19 x 200 x 1/11111) to the selected party B, and the designated party D, respectively.