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(영문) 울산지방법원 2020.07.21 2019가단109673
부당이득금
Text

1. Defendant B (Appointed) and the appointed party D

(a) As regards KRW 127,756, respectively, and as regards them, from May 21, 2019 to April 20, 2020.

Reasons

1. Facts of recognition;

A. On October 15, 2018, the Plaintiff and Appointers paid the successful bid price in the auction procedure and acquired ownership of each portion of 1/8 square meters of E, 582 square meters and 327 square meters prior to F. (hereinafter “instant land”). The Plaintiff and Appointers D (1/8 shares each), Defendant B and G, and H (Co-ownership. 1/4 shares each of the instant land) share the instant land.

B. On the ground of this case, the parts on the ground of this case, which are 11, 12, 13, 14, and 11, connected with each of the items in the block structure, 3.6m2, 5, 6, 7, 8, 9, 10, and 5 of the same drawings, are (1), 12, 13, 14, and 11 of the same drawings; (c) parts on the ground of this case, which are (c) parts on the 3m2.3m2, 2.3m3m2, 15, 16, 17, 19, 20, 21, 221, and 25m2 of the same drawings; and (d) parts on the 3m26m2, 26m2, 36m2, 26m2, 26m2, and 3m2, 25m2.

C. Defendant C resides in the building of this case with the father-friendly J.

[Reasons for Recognition] Defendant C: The fact that there is no dispute over Defendant B: the entry of evidence A1 to 5, and the purport of the whole pleadings

2. The plaintiff seeking to leave the building of this case to Defendant C, but determining the specific method for the co-owners to use and make profits from the jointly-owned property shall be determined by a majority of co-owners' shares, and the co-owners of a majority share shall be jointly-owned property in advance with other co-owners.

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