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(영문) 서울중앙지방법원 2019.08.21 2019나172
부당이득금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendants jointly do so to the Plaintiff, and KRW 16,969,639.

Reasons

1. Facts of recognition;

A. As to the land of this case, J 88 square meters and K 7 square meters around March, 2003, the land of this case was divided into the land of this case, J 18 square meters and the land of this case with respect to the portion of 96/186 square meters on May 18, 200, the Plaintiff completed the registration of transfer of ownership on May 9, 2002 with respect to the share of 90/186 square meters on May 9, 2002.

B. F constructed the Hdong warehouse 198 square meters and 198 square meters of warehouse facilities of the I Dong-dong (hereinafter “instant building”) on the ground of 906 square meters of the G warehouse site in Seocho-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, the immediately adjacent to the instant land, and completed registration of preservation of ownership on March 13, 2003.

C. On November 2, 2006, the Defendants completed the registration of transfer of each share ownership on November 29, 2006 with respect to the F shares of the instant land, the said G land, and the instant building on the said land after purchasing on November 2, 2006 from F, with respect to each of the instant land, G land, and each of the instant buildings on November 29, 2006.

The instant land is located between the said G land and the said G land, which is the road, in order to be used for the use of the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7 (including paper numbers; hereinafter the same shall apply), Gap evidence 14 through 16, Eul evidence 1 through 5, Eul evidence 26 through 29, and the purport of the whole pleadings

2. Whether obligation to return unjust enrichment exists;

A. Since the Plaintiff’s assertion and the Defendants are used as a site for the instant building owned by the Defendants, the Defendants are obligated to pay to the Plaintiff unjust enrichment of KRW 17,084,670 in an amount equivalent to the rent based on the “ware site” from November 2, 2006 to November 30, 2018, which entered into a sales contract for the instant building, and damages for delay from December 1, 2018.

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