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(영문) 서울중앙지방법원 2016.11.18 2015가단163074
부당이득금
Text

1. Of the instant lawsuit, a claim for unjust enrichment equivalent to the rent from January 2, 2009 to January 1, 2010 against Defendant C and E, respectively.

Reasons

1. Basic facts

(a) Ten thousand five hundred and seventy-four square meters in total (hereinafter “each site of this case”) on or around May 1990 each land indicated in the separate sheet of real estate (hereinafter “each site of this case”).

G et al. (hereinafter referred to as “G, etc.”) 118/1574, each of whom owns shares of 118/1574,

A) The instant land was resolved to remove “H-affiliated housing” on the ground of each of the instant land and to reconstruct a new apartment house on the site. At the time, I, who owned the remainder of 394/1574 shares of each of the instant land at the time, and Seoul Seocho-gu Seoul Metropolitan Government J-gi 232 square meters adjacent to each of the instant land (hereinafter “instant adjacent site”).

(A) by providing the site to the owner of Kdo, to participate in the said reconstruction project (hereinafter collectively referred to as “owner of equity, etc.”), and in addition to G, etc., I, and K

(2) L was awarded a contract for a new construction project of 19 households with the 1,806 square meters underground floor and the 4th floor above the above 4th unit (hereinafter “the instant apartment house”) from a share owner, etc., and the 10 households out of which are owned by the share owner, etc., and the remaining 9 households are owned by L in lieu of the construction cost.

L performed a new construction of the instant tenement house, and suspended construction around June 1994. At the time, the instant tenement house had a structure and form that can be seen as an “independent building” under social norms, as it was most completed in the building structure and roof construction.

3) After that, G awarded a contract for the remaining construction of the apartment house in this case on behalf of the owner of equity interests to M, and accordingly, M completed the remaining construction of the apartment house in this case except for some construction until December 1995. (B) The ownership relationship between each of the divided households in this case as to each of the instant apartment houses was 1) from the case of applying for provisional injunction against disposal of real estate on April 7, 1997 (Seoul East Eastern District Court 97Kahap1191), which claimed as a creditor of M, the provisional injunction order was issued on April 23, 1997 and the provisional injunction registration was entrusted.

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