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(영문) 서울중앙지방법원 2014.10.08 2014가합12
부당이득금반환
Text

1. The Defendant stated the Plaintiffs’ “amount of money” in the separate sheet for calculation of unjust enrichment as stated in the separate sheet for calculation of unjust enrichment and this.

Reasons

1. Facts of recognition;

A. Construction of G building and establishment of H Co., Ltd. (1) G building (hereinafter “instant building”)

Around May 1980, 1980, the Seoul Jung-gu I metropolitan Government 738.9 square meters (hereinafter “I land”).

(J) and JJ large 3,002 square meters (hereinafter referred to as “J land”).

(2) With respect to aggregate buildings with the total floor area of 2,279.36 square meters and J land with the total floor area of 2,279.63 square meters and the total floor area of 7,524.63 square meters as site on the ground of two lots, each aggregate building register (a table) has been prepared, but in fact, it is composed of one building, not two buildings. At the time of new construction, 400 houses, which are subject to divided ownership, are 40 houses, and the underground floor was composed of 1st to 3rd floors, and common areas such as underground parking lots, transformers, mechanical rooms, communication rooms, and stairs rooms, which are subject to divided ownership, and the area of each of the above sections of common areas (hereinafter referred to as "the above section of common areas") among the above sections of common areas, and each of the above sections of common areas (hereinafter referred to as "the above section of common areas") has been registered before the Act on Ownership and Management of Condominium Buildings was enforced.

On September 21, 1990, the area of the above section for exclusive use was registered as the area of the section for exclusive use. However, around June 14, 2004, the sectional ownership registration under the Act on the Ownership and Management of Aggregate Buildings was completed and restored to its original state.

However, as above, the total area of each underground section in the register of each of the instant sections constitutes the area of each underground section in the register of each partitioned building among the total area of 1,217.28 square meters.

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