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| TITLE | Supreme Court Decision 2016Da12823 Decided September 14, 2023 【Restitution of Unjust Enrichment】 [full Text] |
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| Summary | |
| 【Main Issue and Holding】 In a case where unit owners of a condominium building possess partial interests in the land on which the building stands, and co-owners of the land who, however, do not own a unit, have the remaining interests in the land, whether the unit owner, whose interest in the land is smaller than the required interest in the land corresponding to the ratio of the area of his or her exclusive unit, has a duty to return unjust enrichment corresponding to the amount of lease income accruing from the interests in the land which the said unit owner falls short of the required interests in the land to the co-owner of the land who does not own a unit (affirmative in principle) | |
