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(영문) 서울동부지방법원 2014.12.09 2013가단117285
부당이득금
Text

1. The Plaintiff:

(a) Selection E: 5,182,300 won; 162,380 won for the Selection; and 88,225 won for Defendant D stores and above;

Reasons

1. Basic facts (applicable for recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 4 through 10 (including those with additional numbers), and the purport of the whole pleadings);

A. On April 21, 2007, the Plaintiff completed the registration of ownership transfer for 9.93/56 shares (one unit; hereinafter “instant shares”) of the 1st floor, Jung-gu, Seoul (hereinafter “instant commercial building”) (hereinafter “instant commercial building”) due to voluntary auction.

B. Each co-ownership of the commercial building of this case is as listed below:

Of November 1, 2010 to December 8, 2010, December 9 through December 30, 2010 to December 31, 2010 to December 6, 31, 201 through January 7, 2011 to March 6, 201 to March 27, 201 to 3.6.3/65 shares (as of June 23, 201) of Defendant 6.3/5 shares (as of June 24, 206.5 shares) of 6.3/6.6/15 of shares (as of June 24, 201) of 7.6/16.3/5 of shares (as of June 5, 206) of 93/6.6/15 shares (as of June 5, 206) of Defendant 6.3/6.6/196 of shares (as of June 96/15, 206) of 96.6.6

C. The Plaintiff received rent of KRW 180,000 per month from a prop-owned association organized by co-owners of the instant shopping district from the date of acquiring the ownership of the instant shares until October 2010, and was not paid from November 2010 to the date.

Although the commercial building of this case was owned by sectional ownership at the time of the first sale, it is difficult to check the location of each shop in the commercial building of this case since the sectional ownership was cancelled due to the conversion of business type and the relocation of commercial buildings, etc. on more than two occasions, the location of each owner is unclear. The commercial building of this case is 506.

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