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(영문) 청주지방법원 2017.06.15 2016가단14034
부당이득금 반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff’s internal director.

(a) 69,499,960 Won and this decision;

Reasons

1. Determination as to the cause of claim

A. The following facts are acknowledged as follows. The above defendant's confession between the plaintiffs and the defendant Taesan industry pursuant to Article 150 of the Civil Procedure Act. The above facts can be acknowledged in full view of the whole purport of the arguments entrusted to appraiser A by this court as a result of appraisal commission between the plaintiffs and defendant Taesan industry. The above defendant's confession is acknowledged as a confession pursuant to Article 150 of the Civil Procedure Act.

1) The Plaintiffs are each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

(B) On October 13, 2015, the voluntary auction procedure relating to the Plaintiff (Cheongju District Court B) is the Korea Coast Guard, the Korea Coast Guard, and the Korea Coast Guard, the Korea Coast Guard, the Korea Coast Guard, and the Korea Coast Guard (hereinafter

[1] 53/100 shares and Plaintiff Maamam Saemaul Fund (hereinafter “Plaintiff Maam Cancer Fund”)

(2) On November 20, 2015, the Plaintiff acquired the ownership of each of the instant real estate in proportion to the shares of 47/100 and completed the registration of transfer of ownership on November 20, 2015. (2) The Plaintiffs requested the Defendants who jointly occupied and used each of the instant real estate after acquiring the ownership of each of the instant real estate. However, as the Defendants failed to comply with the request, the Defendants was subject to a decision of delivery of real estate (C) from this court on January 25, 2016, and the said decision was finalized at that time

3) Nevertheless, the Defendants still refuse to deliver each of the instant real estate to the Plaintiffs while occupying and using each of the instant real estate. Meanwhile, the sum of monthly rent in cases where the Plaintiffs do not have a security deposit for 15 months from October 14, 2015 to January 13, 2017, following the date on which they acquired the ownership by winning a contract for each of the instant real estate, is KRW 131,132,00, and the amount of monthly rent in proportion to the Plaintiffs’ share ratio is KRW 69,49,960, and KRW 61,632,040,040 in proportion to the Plaintiffs’ share ratio.

In addition, the monthly rent for the absence of security deposit for each real estate of this case after January 14, 2017 is KRW 8,705,00 per month, and it is divided according to the plaintiffs' shares ratio.

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