logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
서울중앙지방법원 2018.11.20 2018나40302
배당금반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On December 14, 2009, the registration of ownership transfer was made in the name of the Plaintiff on December 14, 2009 with respect to a reinforced concrete structure of 59.4 square meters (hereinafter “instant real estate”) of 401 square meters of a reinforced concrete structure, which is jointly owned by the original Defendant’s real estate, Jongno-gu Seoul, Seoul, and 2 lots of land (hereinafter “C

After that, on November 2, 2012, the Defendant purchased 1/3 of the instant real estate in the auction procedure.

Accordingly, the Plaintiff became the 2/3 share holders of the instant real estate, and the Defendant became the 1/3 share holders of the instant real estate.

B. 1) The Defendant filed a lawsuit claiming unjust enrichment against the Plaintiff on the ground that the Plaintiff occupied or used the entire real estate of this case without any legal ground, thereby gaining profit equivalent to the rent and causing damages equivalent to the same amount. During the lawsuit, the Defendant filed a lawsuit claiming unjust enrichment from November 2, 2012, for which the Defendant acquired 1/3 shares out of the real estate of this case from November 2, 2012. During the lawsuit, the Plaintiff asserted against the Defendant that the Defendant without the right to share the land of this case occupies or uses the land of this case as a counterclaim, and sought unjust enrichment equivalent to the rent equivalent to the above share of the real estate of this case against the Defendant [this Court Decision 2013No518, 2014No 50954, Apr. 2, 2015], the court below dismissed the Plaintiff’s claim against the Defendant for unjust enrichment from 2013rd to 130% of the Plaintiff’s share of this case’s 2013th day of May 28, 2014.

arrow