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(영문) 부산지방법원동부지원 2017.06.28 2016가단215259
부당이득금
Text

1. The defendant

(a) KRW 38,850,625 and interest rate of KRW 15% per annum from December 14, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The land listed in paragraph (1) of the attached Table Nos. 1 (hereinafter “instant land”) and the building listed in paragraph (2) of the attached Table Nos. 2 (hereinafter “instant building”) concerning co-ownership are co-owned by the Plaintiff and the Defendant, respectively.

B. (i) The land of this case is located within the C market, and the building of this case on the ground of this case is used as frequency collection, restaurant, etc.

B. Of the instant building, the part on the “A”, “B”, “C” and the rooftop part of the instant building are leased by the Defendant respectively and used and used by the lessee as frequency, etc.

(hereinafter) The Defendant and the above lessees enter into each of the contracts on April 9, 2014 and May 5, 2014 (hereinafter “each of the instant lease agreements”).

(i) On April 9, 2014, the Plaintiff acquired a co-ownership share of each of the instant real property on and after the failure to reach an agreement on partition of the jointly owned property, and thereafter one of the above parties

B. The plaintiff requested management of each of the instant real estate in consultation with the plaintiff, but the defendant did not comply with the request.

Doz. 1-6

B. The lease deposit and the rent have been solely paid from the lessee described in the Do governor.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, 10 (including each number in case of additional number), the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The gist of the Plaintiff’s assertion is that the Defendant is obligated to pay to the Plaintiff the amount equivalent to 1/2 of the Plaintiff’s share of co-ownership from April 9, 2014 to March 8, 2017, as well as 38,580,625 won, which is the amount equivalent to the Plaintiff’s share of co-ownership, out of the profits accrued from each of the instant lease agreements, and damages for delay from the day following the delivery date of a copy of the instant complaint. The Defendant shall deliver each of the instant real estate from March 9, 2017.

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