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TITLE 【Syllabus of Latest Opinion】 Supreme Court en banc Decision 2017Da220744 Decided May 21, 2020 【Delivery of Building, etc.】 [full Text]
Summary
In a case where some sectional owners exclusively occupy and use the portions used in common including corridors, stairs, etc. of condominium buildings without any justifiable reasons, whether they shall be liable to return the profits gained by occupying and using the corresponding section for common use as unjust enrichment (affirmative in principle) and whether this is likewise applicable even to the case where the corresponding section for common use is not the subject which may be used for a separate purpose or leased for other purposes, in respect of its structure (affirmative)
Whether such legal doctrine is likewise applicable to even to the case where a third party, who is not a sectional owner, exclusively occupies and uses the section for common use of a condominium building without any justifiable reasons (affirmative)
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