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(영문) 서울중앙지방법원 2018.09.21 2017가합581352
부당이득 등
Text

1. All of the plaintiffs' claims against the primary defendant and the conjunctive defendant are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. The plaintiff A is the spouse of the deceased deceased D (hereinafter "the deceased") on August 18, 1996, and the plaintiff B and C are the children of the plaintiff and the deceased.

The Deceased owned 2/147 shares of the land listed in the annexed Table No. 1 (hereinafter “instant land”), and 6/147 shares of the above land are E, 3.138/147 shares, and F shares are owned by the Defendant Republic of Korea.

Defendant Jung-gu concluded a loan agreement on the instant land between Defendant Jung-gu and the Republic of Korea, and owned the buildings listed in attached Table 2, 3, and 4 on the said land.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence (including each number, if any; hereinafter the same shall apply), Eul 2, 3 evidence, Eul 2, 2 or 6 evidence, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiffs, who were co-inheritors due to their death, owned the shares of 2/147 out of the land of this case, and owned the shares of 6/1029, and the remaining plaintiffs owned each of 4/1029 shares, thereby becoming co-owners of the land of this case.

However, Defendant Republic of Korea has a duty to return unjust enrichment equivalent to the rent in proportion to the shares of the Plaintiffs to the Plaintiffs, on the grounds that the said land was leased to the Defendant Jung-gu without the consent of a majority of shares in respect of the method of using and earning profit from the pertinent land, which is jointly owned by the Defendant Republic of Korea. If the Defendant Jung-gu occupies the instant land without the consent of the Defendant Republic of Korea, then the Defendant Jung-gu has a duty to return unjust enrichment equivalent to the rent in proportion to the shares of the Plaintiffs to the Plaintiffs.

B. The H ground housing owned by Defendant G of the Republic of Korea (hereinafter “instant housing”) is below the land I in Jung-gu Seoul, Jung-gu, Seoul (hereinafter “instant housing”) and owned by Defendant G.

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