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(영문) 서울중앙지방법원 2014.07.11 2014가합500444

부당이득금

Text

1. The Plaintiff:

(a) As from January 11, 2014, Defendant Korea Asset Management Corporation KRW 28,265,433 and its amount:

(b) the defendant.

Reasons

1. Basic facts

A. (i) The owner of building Nos. 1 and 2, including the new construction of the building, the sale in lots, etc. (hereinafter “instant site”) is three stories of reinforced concrete structure, 3 stories of 170.22§³ and neighborhood living facilities, 170.22§³ of 170.22§³ of 2 stories of 3 stories, and 170.22§³ of 170.22 stories of 3 stories and 132.4§³ of underground room from July 1982 to December 12, 1983, and registered the preservation of ownership under his own name by separating the above building from 11 to 5 stories, 2 stories, 31 stories and 45 stories of 14 stories of 15 stories of 2007 to 24.5 stories of 15 stories of 25 stories of neighborhood living facilities, 325 stories of 14.5 stories of 25 stories of 25 stories of 25 stories of 14.5 stories of 25 stories of this site.

(B) In the process of selling the above building Nos. 1 and 2, which are a partitioned building, and completing the registration of ownership transfer, the Plaintiff completed the registration of ownership transfer in the order of the above building (hereinafter referred to as “the above building”). The Plaintiff completed the registration of ownership transfer in the order of the buyers with respect to some co-ownership shares among the shares of the building site No. 1 and 2, which fall under the site of the building No. 257/875, and the shares of the building No. 1 and 2, which fall under the site of the building No. 2, without completing the registration of ownership transfer.

Article 28(1) of the Civil Act provides that “A person who sells buildings Nos. 1 and 2 until April 22, 1985 and completes the registration of ownership transfer for the part of the building,” and “A person shall complete the registration of ownership transfer for the part of the building by selling buildings Nos. 1 and 2 as seen above,” and “A person shall also have the right to complete the registration of ownership transfer for the part of the land of this case, which is not divided by mistake, even though the entire site of this case is the site of the 1 and 2 buildings.”