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(영문) 서울고등법원 2016.11.25 2015나2056534
부당이득금
Text

1.(a)

Of the judgment of the court of first instance on the claim against Defendant G Co., Ltd., the following amount is ordered.

Reasons

1. Facts of recognition;

A. Defendant H Co., Ltd. 1) Defendant H (hereinafter “Defendant H”)

(A) around 2005, the Eunpyeong-gu Seoul Metropolitan Government Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the "Aggregate Buildings Act") provides each floor on the first ground of Eunpyeong-gu Seoul Metropolitan Government.

(B) the 16th floor and underground 8th floor buildings subject to sectional ownership (hereinafter “instant condominium buildings”).

(2) On August 17, 2005, Defendant H newly built each floor and registered the ownership preservation under the name of Defendant H for each floor (the evidence Nos. 2, 6, 10, 14, 18, 22, and the Seoul Western District Court of the trial). (2) Defendant G Co., Ltd. (hereinafter “Defendant G”) was established by dividing it from Defendant H on August 31, 2005, and Defendant H transferred the ownership registration for the second underground floor of the instant aggregate building on September 5, 2005 under the name of Defendant G for the company division on August 31, 2005.

(No. 2, 6, 10, 14, 18, 22) Defendant G and K Co., Ltd. (hereinafter “K”)

On March 16, 2007, the Plaintiff entered into a contract to establish a right to lease on a deposit basis, which is from April 15, 2007 to April 15, 2017, with respect to the entire two floors underground of the instant aggregate building, K, K, 914, 202,560 won, and the entire period of the lease was from April 15, 2007 to April 15, 2017, with respect to the establishment of a right to lease on a deposit basis, and from March 22, 2007 to April 15, 2017, the Plaintiff registered the establishment of a right to lease on a deposit basis from April 15, 2007 to April 15, 2017, the remainder of the lease on a deposit basis was 3,000,000,0000 won with the maximum debt amount of the instant aggregate building, 3,000,0000 won, 206,3616,3640.

B. Defendant G’s division 1) Defendant G around March 2008, pursuant to Article 17(1) of the Rules on the Entry, Management, etc. of Building Ledger.

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