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(영문) 의정부지방법원 2017.07.05 2016가단115661 (1)
사용료
Text

1. From October 30, 2015 to the Plaintiff, the Defendant owns the shares of 15/16 shares among each land listed in the separate sheet.

Reasons

1. The Plaintiff indicating the claim is the owner who purchased 15/16 shares of each of the lands listed in the separate sheet (hereinafter collectively referred to as “instant land”) and paid the sale price on October 30, 2015 and completed the registration of ownership transfer on November 9, 2015.

The defendant is a sectional owner of 302 Nadong among multi-households constructed on the land of this case.

Therefore, the Defendant, without any legal title, owns an aggregate building on the instant land without any legal title, thereby obtaining unjust enrichment equivalent to KRW 476,00 annually from October 30, 2015, which the Plaintiff acquired 15/16 shares in the instant land, and thus, the Defendant is obligated to return the said unjust enrichment to the Plaintiff.

2. Judgment made by deeming the confession under the applicable provisions of the Civil Procedure Act (Article 208 (3) 2 of the Civil Procedure Act).

3. On June 14, 2017, the court rendered a judgment on the ground of the additional judgment, which omitted the judgment on the Plaintiff’s claim in this case, and thus rendered an additional judgment as ordered under Article 212(1) of the Civil Procedure Act.

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