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(영문) 서울중앙지방법원 2017.07.12 2016나73452
부당이득금
Text

1. The plaintiff's claims that the court changed in exchange for the defendants are all dismissed.

2. Action.

Reasons

1. Basic facts

A. On April 25, 1985, the Plaintiff completed the registration of ownership transfer on the ground of the concession on April 15, 1985 with respect to each of the 1/2 shares of G large-scale 56 square meters (hereinafter “1 land”), H large-scale 24 square meters (hereinafter “2 land”), I large-scale 30 square meters (hereinafter “third land”), J large-scale 38 square meters (hereinafter “No. 4”) and K large-scale 23 square meters (hereinafter “No. 5 land”). In the event of the combination of land 1 through 5, the Plaintiff completed the registration of ownership transfer on the ground of the transfer on April 15, 1985.

B. The Defendants are the owners of each land adjoining to each of the instant land (Defendant B’s land, Defendant C’s land, Defendant D’s land, Defendant E’s O land, Defendant F’s P land), and each of the above ground buildings (hereinafter “instant adjoining buildings”). The current lessees who have concluded each of the instant lease agreements with the Defendants use the instant adjoining buildings as commercial buildings, and there are lots and tents for the business of commercial buildings in part of each of the instant land.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-5, Gap evidence 2-2, Gap evidence 11-1-5, the purport of the whole video and oral argument

2. Judgment on the plaintiff's claim

A. As to the assertion of liability for damages under Article 219(2) of the Civil Act, the Defendants’ summary of the Plaintiff’s assertion are liable to compensate the Plaintiff for damages under Article 219(2) for the benefit of each land owned by the Defendants. As to the land owned by the Defendants, Defendant C is liable to compensate the Plaintiff for damages under Article 219(2) of the Civil Act, Defendant C is liable to compensate for damages under Article 219(2) of the Civil Act for the benefit of each land owned by the Defendants, Defendant C is liable to the land owned by the Defendants, Defendant D is against the third land, Defendant E holds the right of passage against the third land, Defendant F is holding the right of passage against the third land, and the lessee who leased the adjoining building from the Defendants is acting on behalf

Therefore, from January 1, 2005 to January 1, 2005.

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