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Reasons
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(영문) 서울중앙지방법원 2018.06.15 2017가단75294
부당이득금반환 등 청구의 소
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1. The Plaintiff:

A. Defendant B’s KRW 2,694,166 as well as 5% per annum from September 10, 2017 to June 15, 2018.

Reasons

1. Facts of recognition;

A. On November 4, 2016, the Plaintiff acquired the ownership of 2/7 shares of each building listed in the separate sheet in the Seoul Central District Court E compulsory auction procedure, and completed the registration of ownership transfer in its name.

B. The Defendants leased each of the buildings listed in the separate sheet from before the date of acquisition of the Plaintiff’s above ownership to a third party and possess and use them as indicated in the following table. Among each of the above buildings, the rent from November 2016 to December 10, 2017 for the Plaintiff’s share is as listed in the following table:

Defendant B, from October 18, 2016 to June 23, 2008, Defendant C, 260,000 [Attachment 2] from May 23, 2008 to June 3, 2008, Defendant D 260,000 [Attachment 3] from June 3, 2008, as of June 3 to June 260, 200 [Attachment 2] Nos. 1, 4, and 6 (including the serial number) of each of the statements, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination

A. According to the above facts, the defendants are obligated to return the profits equivalent to the profits from the use of their shares to the plaintiff who is a co-owner of each of the above buildings, by occupying and using each of the buildings listed in the separate sheet as shown in the above table, and thereby gaining the profits from such use. In ordinary cases, the amount of profit from the possession and use of the real estate is the amount equivalent to the rent of the real estate.

1) The amount equivalent to the rent for the Plaintiff’s share among the buildings listed in the attached Table 1 of the amount of unjust enrichment to be returned by Defendant B, is confirmed as equal to the rent as of December 10, 2017, from November 4, 2016 to September 9, 2017, which is the date of Plaintiff’s share acquisition (=2,694,166 won = 265,000 won x (105/30) x (265/30) x less than KRW) 165,00 won from September 10, 2017 to the date of delivery of the said building (the rent equivalent to the rent as of December 10, 2017).

hereinafter the same shall apply.

2) The amount of unjust enrichment to be returned by Defendant C is set out in the attached Table 2.

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