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(영문) 서울중앙지방법원 2020.04.22 2018가단5194142
부당이득금
Text

1. Defendant B:

(a) Of the lands listed in the separate sheet No. 1, the Attached Form No. 2, 19, 18, 17, 16, 15, and 2 of the Attached Form No. 2.

Reasons

1. Facts of recognition;

A. On December 9, 2009, the Plaintiff is the owner who completed the registration of ownership transfer due to a compulsory auction on the land listed in the attached Table 1 list (hereinafter “instant land”).

B. From September 4, 2009, Defendant B owned a building adjacent to the instant land in Seodaemun-gu Seoul, Seodaemun-gu, Seoul. The said building intrudes on each point of the attached Table 2, 2, 19, 18, 17, 16, 15, and 2, among the instant land, the part 14 square meters in the ship connecting each point of the attached Table 2, 19, 18, 17, 16, 15 and 2.

C. From May 3, 1995, Defendant C owned a building on H’s ground adjacent to the instant land, and donated 1/3 shares of each of the above buildings to Defendant D and Defendant E on April 16, 2018, and owned 1/3 shares of each of the above Defendants. The above building is a part of 17 square meters in part of the ship connected each of the points of the annexed drawing Nos. 2, 14, 18, 19, 19, 20, 21, 22, 22, 23, 24, and 14 among the instant land (hereinafter “part of land”).

Defendant F owned a building not registered on the ground of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, which was adjacent to the instant land before December 9, 2009. The above building, among the instant land, is a crime of 16 m2 in the ship connecting each point of the attached Form 2 drawings Nos. 3, 4, 5, 6, 25, 26, 27, 28, 22, 22, 21, 20, 20, and 3.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers if there is a serial number), the result of the request for surveying and appraisal to the Bupyeong branch of this court, the purport of the whole pleadings

2. Determination

A. According to the above facts, barring special circumstances, Defendant B is jointly obligated to jointly deliver the part of land A, the land in question, Defendant C, Defendant D, and Defendant E, and Defendant F, to each Plaintiff, and to return to the Plaintiff unjust enrichment equivalent to the rent for each land, respectively.

B. As to this, the Defendants were to have the land of this case for 20 years.

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