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(영문) 서울중앙지방법원 2015.12.18 2013가단77230
부당이득반환
Text

1. For the plaintiffs:

A. Defendant U.S.’s money as stated in the attached Table 1’s “personal seal” and each of the above amounts.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of Jung-gu Seoul, Jung-gu, X (hereinafter referred to as “instant building”) and attached Form

2. As to the store in question, the term “acquisition time of ownership” as stated in the calculation table of unjust enrichment was acquired as to the pertinent store.

B. The Defendants are those who have occupied part of the common areas of the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-1 to 28, the purport of the whole pleadings

2. Determination as to Defendant T or U’s defense prior to the merits

A. Defendant TU’s assertion that the above Defendants filed a claim against the above Defendants for the return of unjust enrichment from the illegal possession of the instant building. In the event that the above Defendants filed a claim for damages against the third party who committed a tort against the section for common use of an aggregate building, the sectional owners cannot exercise their right to claim damages and exercise their rights by a resolution or management body of all sectional owners. Thus, the Plaintiffs asserted that the pertinent lawsuit is not a party to the lawsuit.

B. In determining an aggregate building, where a third party illegally occupies the site or accessory facilities of the building that belongs to the common area or the common area or the common area of sectional owners, the legal relationship between the removal of disturbance and the return of unjust enrichment or the claim for damages against the third party is not based on the co-ownership right of common area, etc., which is not the legal relationship which belongs to the group of sectional owners, and thus, the lawsuit can be brought by the sectional owners individually or collectively. Furthermore, when the sectional ownership relation is established with respect to the aggregate building, the management body is organized by an organization aimed at enforcing matters concerning the management of the building and its site and its accessory facilities as a whole of the sectional owners. When the manager is appointed in the resolution of

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