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(영문) 서울중앙지방법원 2017.09.20 2017가단5000981

부당이득금

Text

1. The Plaintiff (Counterclaim Defendant) is a share of 22/22 of 332.2 square meters in Seocho-gu Seoul Metropolitan Government C large 332.2 square meters to the Defendant (Counterclaim Plaintiff).

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 4 and Eul evidence 1 to 4:

D around December 1989, on the ground of Gangnam-gu Seoul Metropolitan Government E (Road Name Address: Seocho-gu Seoul Metropolitan Government C) and 332.2 square meters (hereinafter “instant land”) owned by it, D newly constructed a multi-household 1,19.52 square meters of a multi-household 1,22.98 square meters of a second floor, and 87.39 square meters of a geographical floor (hereinafter “multi-household 1”).

B. The portion of exclusive ownership of the instant multi-household was consisting of four households, such as household units with respect to household units with respect to the ground-based household units, chron household units, and two sub-storys. However, even though the stratos were newly constructed to divide the 87.39 square meters of the stratos into each 43.695 square meters and to enable two households to reside, the aggregate register was established by stating the entire stratos as household units.

C. On April 17, 1990, D opened a collective register with the share of 166.2/32 of each of the land in this case as the land subject to the site ownership, with respect to the head of the C household (1st 59.76 square meters, 2nd 61.49 square meters, 2nd 69 square meters), which is the exclusive ownership of the instant multi-household housing, and the head of the non-household household (1st 59.76 square meters, 2nd 61.49 square meters), on April 17, 1990. However, while opening a collective register of 87.39 square meters of household heading land, D only registered the land subject to the site ownership as the land in this case, and did not indicate the proportion of the site ownership.

Multi-household c households of this case were sold to F, and the Plaintiff completed the registration of ownership transfer on April 4, 200 through G, H and I, and multi-household c households of this case were sold to J. The multi-household c households of this case were sold in lots to J, and one half of each of the multi-household c households of this case was sold to J and F, as shown in the separate building list of F owned sections.

hereinafter referred to as "the case."