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(영문) 서울중앙지방법원 2016.01.20 2015가합330
임대료
Text

1. The plaintiffs' claims against the defendant (appointed parties) and the designated parties are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. The parties' assertion

A. The plaintiffs' assertion 1) The net K is a 4-story store in the Jung-gu Seoul Metropolitan Government L-gu L-gu L-based Ga, the 744.89m2, the 744.90m2, the 744.90m2, the 744.90m2, the 4-story located in the office (hereinafter "C-dong").

On August 3, 2012, 3/92 shares were owned by inheritance. On August 3, 2012, 4.5/874 of the shares above, and 3/874 of the shares above were transferred to the Defendant (Appointed Party), the Plaintiffs (A, C, D, and E), and N/O/P, respectively. (2) On the other hand, 2.86/874 of the shares N was sold to the Selection through Q&R, 2.07/874 of the N’s shares to the Selection, 0.07/874 of the N’s shares to the Selection, 3.07/874 of the N’s shares to the Selection, 4.5/874 of the shares above shares to the Defendant (Appointed Party), 5.874 of theO’s shares to the Selected Party, and 1.5/874 of the shares of the O, respectively, and the transfer registration was completed.

After that, the defendant (appointed party) and the designated parties (hereinafter referred to as the "defendants") have divided ownership of a store in S commercial areas based on the registration of the above shares.

(Appointed G: 461 square meters, H: 408; i.e., Defendant (Appointed Party) and Appointed 452; J3rd floor 67). However, in addition to the Cdong, S stores, “Seoul Jung-gu T, U, and V-based 4th floor, 754.41 square meters, 563.44 square meters, 4 square meters, and 563.44 square meters (hereinafter “Adong”).

(A) A) In order to fully divide one store in S commercial building, the shares of A shall be owned by 0.5/92 and 0.5/92 of C/C. Ultimately, the Defendants, even though they did not acquire ownership, lease, or other legitimate title of possession with respect to the shares of C/C owned by the Plaintiffs, have gained unjust enrichment equivalent to the difference between the shares of the Plaintiffs by occupying and using the entire store and using the entire store. 4) Accordingly, the Plaintiffs seek against the Defendants the return of unjust enrichment equivalent to the shares of the Plaintiffs, which are owned by the Plaintiffs.

B. Defendant (Appointed)’s assertion 1.

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