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(영문) 서울중앙지방법원 2018.11.14 2018나35478
사용료
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The registration of preservation of ownership was completed on April 27, 1998 in the name of the Plaintiff with respect to the 1/2 shares among the buildings listed in attached Table No. 5 (hereinafter “instant building”).

B. The registration of ownership transfer was completed in the name of C and D of April 27, 1998 with respect to the remaining one/2 shares of the instant building, and the registration of ownership transfer was completed in the name of E of July 1, 1999. On April 30, 2013, after the registration of ownership transfer was completed in the name of E of April 1, 2013, the registration of ownership transfer was completed in the name of E of April 1, 2013 under the name of E of April 1, 2013.

(B) 2/6 shares, F1/6 shares) B, upon completing the registration of ownership transfer with respect to F's above shares on September 1, 2014, owned 1/2 shares of the instant building.

C. On September 19, 1972, the registration of ownership transfer was completed in the name of the plaintiff on the land listed in the attached list No. 1. D.

Attached Form

On January 6, 1998, the registration of ownership transfer was completed in the name of the plaintiff on the land listed in the list No. 4, and the registration of ownership transfer was completed in the name of C, D, etc. on the land listed in the attached list No. 3. 3.

The Plaintiff, along with C and D, constructed a new building of this case, installed a partition wall in the middle part of each land located within the building (in the vicinity of each land listed in attached Tables 3 and 4), and divided it into the Dong book.

In addition, the plaintiff has separately used and profited the two parts while the plaintiff occupies C and D respectively, and B.

As stated in paragraph C, those who succeed to the building shares of C and D have maintained the above-mentioned use relationship.

E. The main entrance and exit of the instant building is installed in the area of the letter possessed by the Plaintiff, such as the indication of the attached drawing.

F. The Plaintiff filed a lawsuit against E on the royalty claim amounting to Seoul Central District Court 2003Kadan437260, and filed a claim for restitution of unjust enrichment on the ground that E used the main entrance and exit of the instant case, and used the land specified in [Attachment 1 and 4] owned by the Plaintiff.

The above case is the case.

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