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(영문) 서울중앙지방법원 2018.10.11 2016가합533264
부당이득금
Text

1. Defendants B, C, E, G, and I: KRW 10,66,66,66 each of them to the Plaintiff and KRW 5% per annum from August 11, 2016 to October 11, 2018.

Reasons

1. Basic facts

A. Relevant Plaintiffs, Defendants B, C, E, G, and I are children of Nonparty B and network M, Defendant D is the spouse of Defendant C, Defendant F’s spouse of Defendant E, Defendant H’s spouse of Defendant G, Defendant J is the spouse of Defendant G, and Defendant J is the spouse of Defendant I.

L was deceased on June 2, 2007, M was deceased on November 21, 2013.

B. The joint ownership L, the Plaintiff, and the Defendant B owned one-third share of each of the instant land of Mapo-gu Seoul N large-scale 979m2 (hereinafter “instant land”), but L donated one-third share of each of them on October 10, 203 as follows.

Defendant C, D, Nonparty 21/840, Nonparty O, P (Defendant C and D’s children), each of 14/840 Defendant E and F, Nonparty Q, and R (Defendant E and F’s children), each of 14/840 Defendant G, H 14/840, each of which was 14/840, Nonparty S, T, U (Defendant G and H’s children), and Defendant I, J 14/840, each of which was 14/840, respectively, and later on December 4, 2003, the above donee entrusted each of the above land’s shares to Nonparty Y Co., Ltd. (hereinafter “Y”).

C. The non-party K Co., Ltd. (hereinafter “K”) that was operated by the family members L in the current status of the use of the instant land (hereinafter “K”), around June 1990, constructed the 7th floor of reinforced concrete slive slive roof, and the business building on the instant land, and owns it up to now.

On the other hand, L, with the consent of the plaintiff and defendant B on June 30, 1998, entered into a lease contract with the above land as 3,913,00 won monthly rent and 24 months from July 1, 1998, with the term of lease from July 1, 1998. Since L, with the consent of the plaintiff and defendant B, entered into a lease contract with K on December 8, 200 as shown in the attached list with the agreement of the plaintiff and defendant B, with the above land set as 60 million won deposit and 36 months from December 9, 200 (hereinafter "the lease contract of this case").

[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 1 through 3, 11, and Eul evidence Nos. 1 and 4, each number shall be included.

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