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(영문) 서울북부지방법원 2011.08.18 2010가합10850
부당이득금반환
Text

1. The defendant (Appointeds) and the defendant and the appointed parties shall each plaintiff the amount of the claim and the amount of the award in the attached Table 3.

Reasons

1. As the cause of the instant claim, the Plaintiffs, the Defendant (Appointed Party; hereinafter the “Defendant”) and the Defendant and the designated parties shared the above settlement amount based on the number of the above companies owned by the sectional owners against the Act on the Ownership and Management of Aggregate Buildings and the number of stores owned by the aforementioned sectional owners, and the above sectional owners of the above buildings received the settlement amount of development gains over several times in relation to the development project for the common area of the 1st floor underground floor of the above building (hereinafter the “instant building”). In allocating the second settlement amount (hereinafter the “instant settlement amount”), from February 4, 2002 to February 4, 2002, AB Co., Ltd. established for the management, etc. of the above building (hereinafter the “instant settlement amount”), the above settlement amount was distributed based on the difference between the number of shares owned by the above companies and the number of stores owned by the aforementioned sectional owners against the Act on the Ownership and Management of Aggregate Buildings. Of the above settlement amount distributed as above, the Defendants and the designated parties actually suffered from the settlement amount.

As such, the Defendants and the designated parties asserted that they have the obligation to return the above excess settlement amount unjust enrichment to the Plaintiffs, and each Plaintiff is entitled to claim the amount of the claim and the amount of the award in attached Table 3 against the Defendants and the designated parties.

2. Determination on the defense prior to the merits

A. Defendant T, U,W, and X are first of all, meaning that the sectional owners of the instant building, including the Plaintiffs, do not dispute the validity of the payment of the settlement amount at the time of distributing the settlement amount, or seek the payment of the additional settlement amount on the premise of invalidation.

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