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(영문) 서울남부지방법원 2016.09.09 2016가단19590
부당이득금
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 1,198,264 and as to this:

B. Defendant C shall pay 1,468,949 Won and each of them.

Reasons

1. Indication of claim;

A. Seocho-gu Seoul Metropolitan Government DDD 548 square meters, E large 529 square meters, F large 497 square meters, and G large 232 square meters, have been constructed as a site (hereinafter “instant apartment house”).

B. The Plaintiff: (a) received a successful bid in the H auction procedure at the Seoul Central District Court of Seoul, with respect to the share of 118/1.574 square meters in Seocho-gu Seoul Metropolitan Government D, 548 square meters, E large 529 square meters, and F large 497 square meters (hereinafter “instant share of land”); and (b) fully paid the price on January 2, 2009.

C. Defendant B is the owner of the instant tenement house 204, and Defendant C is the owner of the instant tenement house 404.

The Defendants, the sectional owners of the instant tenement house, owned the instant housing site shares, but should return unjust enrichment equivalent to the rent for the instant housing site shares to the Plaintiff, not the sectional owners of the instant tenement house.

E. From January 1, 2013 to May 15, 2013, unjust enrichment equivalent to the rent under subparagraph 204 of the instant tenement house from January 1, 2013 to May 15, 2013 is KRW 1,198,264, and unjust enrichment equivalent to the rent under subparagraph 404 of the instant tenement house is KRW 1,468,949.

F. Therefore, Defendant B, the owner of the instant tenement house 204, is obligated to pay KRW 1,198,264, and Defendant C, the owner of the instant tenement house 404, KRW 1,468,949, and delay damages therefrom, to the Plaintiff as unjust enrichment equivalent to the rent from January 1, 2013 to May 15, 2013.

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

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