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Reasons
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(영문) 수원지방법원 2019.06.19 2019나53556
부당이득금
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1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is one of the sectional owners holding the ownership of a sectional owner of the building E (hereinafter “instant commercial building”) located in Yeongdeungpo-gu, Young-gu (hereinafter “instant commercial building”).

B. The Defendants, including the Plaintiff, filed a lawsuit against the 401 sectional owners holding the ownership of the sectioned store in the instant commercial building (24.73 square meters in total, 26,818.5 square meters in total, and 401 sectional owners: 26,818.5 square meters in total), and received consent from the Suwon District Court on September 21, 201, seeking compensation for damages against the Plaintiff F Co., Ltd. (hereinafter “F”) and the Plaintiff Company G (hereinafter “G”), with the Suwon District Court on August 22, 2013.

Accordingly, F and G filed an appeal (Seoul High Court 2013Na61079) and the appellate court confirmed a ruling of recommending reconciliation with the following contents. Accordingly, the Defendants received KRW 470,000,000 from F and G.

(hereinafter referred to as “relevant case” 1. The Defendants (F and G) paid KRW 470 million to each of the Plaintiff (Appointed Party) and the designated parties (including the Plaintiff in the instant case), and KRW 420 million among them, and the remaining KRW 50 million shall be paid by October 31, 2014. If the Defendants did not pay the said money by the said date, the unpaid amount shall be paid in addition to the damages for delay at a rate of 20% per annum from November 1, 2014 to the date of full payment.

2. All remaining claims against the Defendants by the Plaintiff (Appointeds) and the designated parties are waived.

3. The total costs of the lawsuit shall be borne individually by each party.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1, 16, and 17 (including each number, hereinafter the same) respectively.

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