beta
(영문) 수원지방법원안산지원 2015.02.12 2010가합689

부당이득금

Text

1. As to the Plaintiff, Defendant B, C, D, E, F, and G: each KRW 8,758,511; Defendant H 78,826,600; and each said money.

Reasons

1. Basic facts

A. (i) On January 2, 2006, I shall obtain the registration of ownership transfer for shares of 1,869.31/4 of the 2,054 m2,054 m2,054 m2,054 m2,054 m2,00 from the Korea Water Resources Corporation (hereinafter “instant land”). On the same day, I received the registration of ownership transfer for shares of 2,054 m2,054 m26.44/4 of the instant land from K.

(The above shares are the shares transferred by K to Korea Water Resources Corporation on November 30, 2005). Ba L obtained the registration of ownership transfer concerning shares 1,895.75 percent (i.e., shares 1,869.31; hereinafter referred to as “instant land shares”) of the land of this case from the I Association on January 2, 2006, which are the aggregate of each of the above shares (i.e., shares 26.4 shares 1,869.31; hereinafter referred to as “instant land shares”) from M, etc. on the same day, and also obtained the registration of ownership transfer concerning shares 2,054.65 percent (the remaining shares of the instant land of this case).

On the other hand, after concluding a contract for construction work with L to establish a commercial building on the land of this case, the International Union carried out new construction work with N, the president of the International Union. According to L's request for provisional attachment registration, registration of ownership was completed on March 22, 2006 with respect to the said newly constructed building (hereinafter "the building of this case") with L as its owner, according to L's request for provisional attachment registration.

B. As to the process of the instant auction procedure and the Plaintiff’s acquisition of ownership (i.e., the instant land and the instant building (hereinafter “each of the instant real property”), P filed an application for compulsory auction of real estate with Qu of the instant court, and R voluntarily filed an application for real estate auction to Qu of the instant court, and T and U filed an application for voluntary auction of real estate with the instant court V regarding the instant building.

The Plaintiff, at the auction procedure commenced in accordance with the above application (hereinafter “instant auction procedure”), shall have the real estate of this case = KRW 5,335,980,00 = the sale price of the instant land of KRW 2,176,721,67.