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(영문) 서울중앙지방법원 2015.05.21 2014나52994
부당이득금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff (appointed party) who is ordered to pay the following amount.

Reasons

1. The reasoning for this part of the underlying facts is as follows: (a) the court added “the co-ownership share of the instant land” following the 497.18/3,739 shares in the third party decision of the court of first instance; and (b) the 20,21 shares in the overall co-ownership of the instant land (hereinafter “the instant co-ownership shares”) as “the aggregate of the co-ownership shares owned by the Plaintiff, etc.” (hereinafter “the instant co-ownership shares”) are as stated in paragraph (1) of the part of the reasoning of the judgment of the court of first instance, and this part is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. According to the facts established prior to the occurrence of the obligation to return unjust enrichment, the Defendants, a sectional owner of the instant building, occupied and used the entire land of this case through the ownership of each section of exclusive ownership of the instant building, thereby gaining profits equivalent to the rent according to the ratio corresponding to the size of the share to be registered as the site ownership of the instant building without any legal grounds, and causing damages to the Plaintiff et al. in the same amount. Thus, the Defendants are obligated to return the amount of profit from the possession and use of the instant share to the Plaintiff et al., barring any special circumstances.

B. 1) As to the amount of unjust enrichment, the amount of profit from the possession and use of real estate in ordinary cases shall be the amount equivalent to the rent of the real estate. Since it is reasonable to deem that the Defendants possessed the land in this case at the ratio of the area of exclusive ownership to the total floor area of the building in this case by the Defendant, it is reasonable to deem that the Defendants occupied the land in this case, the Plaintiff et al. after acquiring the shares in this case, multiplied the amount of the pertinent rent for each corresponding period as stated in the [Attachment] List of Rental Amount, multiplied by the ratio of the size of each exclusive ownership

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