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(영문) 서울중앙지방법원 2017.08.16 2015가합559474
부당이득금반환 청구의 소
Text

1. From February 28, 2017 to the day before the date of destruction of the building listed in attached Table 1, among the principal lawsuit of the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Nonparty C is Nonparty 1 et al.

around August 27, 1984, the land of this case is less than the land listed in paragraph 2 of the attached Table No. 2 from Nonparty D.

When purchasing B, title trust was made to Nonparty E, and E completed the registration of title transfer as the Daejeon District Court’s support registration of the instant land and as the receipt No. 2448 on August 28, 1984.

B. The Deceased died on June 22, 1987, and at the time, the inheritor was Nonparty F, the wife of the Deceased, G, the Plaintiff, and the Defendant.

C. After doing so, the deceased’s successors decided to change the title trustee of the instant land to Nonparty H, and H completed the registration of transfer of ownership as the Daejeon District Court’s support registration of the instant land and the registration of transfer of ownership as the recipient No. 4621 on February 12, 198.

After that, the defendant, on October 1, 2009, registered the land of this case on the ground of donation on October 1, 2009 and registered the transfer of ownership in the name of the defendant under No. 86384, Oct. 6, 2009 (hereinafter "the transfer of ownership in this case").

(d) complete the proceedings.

The plaintiff and F shall be the building listed in attached Table 1 (hereinafter referred to as "the building of this case") on the land of this case.

After the new construction of Daejeon District Court, the registration of the establishment of the ownership transfer was completed with respect to each one-half equity share in the Daejeon District Court, No. 41473, Jul. 21, 1995. After that, the Defendant completed the registration of establishment of ownership transfer as to the whole equity (the 1/2 equity share of the building in this case) on October 1, 2009 and the receipt No. 86383, Oct. 6, 2009. Meanwhile, from Oct. 1, 2009 to Oct. 11, 2009, the Defendant leased the entire 11 branch offices of the building in this case to another by independently managing the entire 11 branch offices of the building in this case. [Grounds for recognition] There is no dispute, Gap evidence No. 1 through 3, and Eul evidence No. 1 (including each number, hereinafter the same shall apply).

- The purport of the whole pleadings

2. Determination on the main claim

A. 1. As to the claim for the return of unjust enrichment of KRW 67,500,000 for the existing rent.

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