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(영문) 서울중앙지방법원 2019.05.30 2018가단5184862
부당이득금
Text

1. The Defendants shall jointly:

A. As to Plaintiff A and B, KRW 2,740,425, and KRW 5,480,850, respectively, and each of them.

Reasons

1. Facts of recognition;

A. On June 2, 2015, the Plaintiffs purchased a large scale of 262 square meters (hereinafter referred to as “Plaintiffs’ land” as the land indicated in the attached Table”) in Seoul Special Metropolitan City, Gwanak-gu, and completed the registration of share ownership transfer with respect to their shares of 1/4 on October 15, 2015, and Plaintiff C completed the registration of share ownership transfer with respect to their shares of 1/2.

B. After that, the Plaintiffs: (a) destroyed the relevant ground building purchased with the land of the Plaintiffs; (b) obtained a building permit on August 18, 2016; and (c) newly constructed a new building (ground 2 floors and ground 12 floors) on December 22, 2016; and (b) obtained approval for the use of the said new building on March 26, 2018.

C. The Defendants share 1/3 shares of HW large 337 square meters and their above ground buildings (the two-storys of steel reinforced concrete slabs and mentmens bricks; hereinafter “the Defendant’s buildings”) adjacent to the Plaintiffs’ land.

The Defendants’ building was approved on October 25, 1968 and jointly with I, J, and K, and Defendant D owned 1/4 shares of the Defendants’ building at a voluntary auction on August 5, 199, and purchased 1/4 shares of K on May 20, 200 and became the owner of 1/3 shares of the Defendants’ building on June 26, 200. After purchasing 1/3 shares of J on March 23, 2004 and purchasing 1/3 shares of the Defendants’ building on May 20, 204, Defendant E became the owner of 1/3 shares of the Defendants’ building on May 20, 2004, and Defendant F inherited 1/3 shares of I/3 shares of the Defendants’ building on February 23, 2012 and became the owner of the Defendants’ shares.

E. At present, the Defendants’ buildings do not violate the part 12 square meters in the “B” portion (hereinafter “instant dispute land”) connected with each point of the attached Table 12, 4, 9, 10, 11, and 12, among the Plaintiffs’ land.

[Reasons for Recognition] A, Gap evidence 1 through 3, Gap evidence 8, Gap evidence 9, Gap evidence 13, Gap evidence 14, result of appraiser's survey and appraisal, purport of whole pleadings

2. The assertion and judgment

A. (1) A person who owns a building on the land owned by another person without authority, in existence of a duty to return unjust enrichment.

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