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(영문) 부산지방법원 2015.12.11 2015나43254
부당이득금반환
Text

1. Of the judgment of the court of first instance, the part against Defendant C, which corresponds to the part ordering payment under paragraph (2).

Reasons

1. The reasoning of the court's explanation concerning this case is that the plaintiff and the defendants are the same as the reasons of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the additional claims in the trial room

A. Determination on the Plaintiff’s selective claim against Defendant C) As the Plaintiff’s assertion on the ownership of 102 from May 20, 201 to January 20, 201, the day immediately before the commencement of occupation of Defendant D, and during the period from October 31, 201 to April 16, 2012, Defendant C acquired 102 shares the Plaintiff’s 102 shares without permission, and Defendant C is obligated to pay the Plaintiff the amount equivalent to the rent for the above period as compensation for damages arising from the tort, and even if the Plaintiff acquired ownership of 102 shares from May 20, 201 to January 20, 201, the day following the commencement of occupation of Defendant D D, Defendant C’s delivery of 102 shares to the Plaintiff, 102 shares the Plaintiff’s 102 shares the Plaintiff’s right to use and benefit from the said period, Defendant C is not obligated to pay the Plaintiff the amount of rent for the above period as compensation for damages to the Plaintiff.

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