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(영문) 서울중앙지방법원 2017.09.08 2014가단167741
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) As from November 25, 2015, KRW 11,956,331 for each of them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant was the E and the legally married couple who died on September 1, 2013, and the Plaintiffs are their children.

B. The registration of ownership transfer of 1/2 shares in each of the plaintiffs and E was completed for the building of this case, but the registration of ownership transfer of 2/18 shares in each of the plaintiffs and 3/18 shares in the future was completed for the reason of inheritance on September 1, 2013 due to the death of E.

C. The Defendant and E resided in No. 401 of the instant building, and leased the remainder of the instant building to a third party, and received the lease deposit and rent, and the details of the lease agreement continued or newly concluded after the death of E are as shown in the attached Table.

The Defendant is residing in the instant building 401 as of August 25, 2017, which is the date of closing the argument in the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 (including branch numbers, hereinafter the same shall apply), Eul evidence Nos. 3, 5, and 8, and the purport of the whole pleadings

2. The defendant's judgment as to the defendant's main defense of the safety of the building of this case made it difficult for the defendant to use or profit from the building of this case, which is the only property of the defendant by filing the principal lawsuit of this case, because the plaintiffs completed the registration of creation of a mortgage over the maximum debt amount of one billion won, which is the whole part of the building of this case, which is the right to collateral security, as to the plaintiffs' share of the building of this case, as to the plaintiffs' share of the building of this case, the defendant had difficulty in leasing the building of this case, and the plaintiffs' principal lawsuit of this case should be dismissed because it was filed for the purpose of causing harassment by the defendant. However, the principal lawsuit of this case is the co-owner of the building of this case, who is the defendant, seeking a return of unjust enrichment of the part exceeding

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