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(영문) 서울중앙지방법원 2018.12.18 2016가단5221668 (1)
부당이득금
Text

1. The Defendants’ respective Plaintiff:

A. From December 1, 2018 to December 18, 2018, KRW 5,644,289 as well as its annual interest.

Reasons

1. Facts of recognition;

A. The land of this case was divided into the land of this case, J 8 square meters, and K7 square meters around March 2003 with the area of 186 square meters for warehouse E-gu, Seoyang-gu, Seoyang-gu, Incheon Metropolitan City.

F Concerning F's shares on May 18, 200, the Plaintiff completed the registration of ownership transfer on May 9, 2002 with respect to shares on May 90, 2000.

B.F constructed H-dong and I-dong (hereinafter “instant building”) on the G land owned by the G immediately adjacent to the instant land, and completed registration of preservation of ownership on March 13, 2003.

(However, in order to meet the road requirements related to the building permit at the time of constructing the instant building, F obtained the building permit from the competent authority with the consent to use of the instant land from the Plaintiff who is the right holder of the instant land.

The Defendants completed the registration of ownership transfer on November 29, 2006 with respect to F shares of the instant land and the instant building from F on November 2, 2006, with respect to the instant land, 32/186 shares, and with respect to each of the instant buildings on November 29, 2006 with respect to each of the instant 1/3 shares.

The land category on the public register of the instant land is a warehouse site, but the instant land is actually used as a road or a parking lot to enter after construction of the instant building.

[Reasons for Recognition: Facts without dispute, Gap 1 through 13, Eul 1 through 29, and the purport of the whole pleadings]

2. According to the facts found in the establishment of the obligation to return unjust enrichment, the Defendants are obligated to return unjust enrichment from the use of the instant land to the Plaintiff.

As to this, the Defendants asserted to the effect that F obtained consent from the Plaintiff at the time of construction of the instant building, but the evidence submitted by the Defendants alone is insufficient to recognize this.

The Defendants also use the instant land as the parking lot, thereby gaining unjust enrichment of the amount of KRW 154,752 per month, and thus making it the Plaintiff as the automatic bond.

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