부당이득금
1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) are dismissed.
2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. E and F (hereinafter referred to as “E, etc.”) purchased 1/2 shares of each of the E and F, on June 7, 2002, from Suwon-si, Suwon-si B, Suwon-si (hereinafter referred to as the “E, etc.”), 2942.4 square meters (the above land was changed to the “Yong-gu” due to the change of the name of the administrative district on November 24, 2003; hereinafter referred to as the “land before the instant subdivision”), and purchased each of the 1/2 shares of the same year.
7. 9. He completed the registration of ownership transfer in the future.
B. On May 15, 2003, E, etc. completed the registration of preservation of ownership on the G building, which is an aggregate building with the size of the second and seventh floors above the land prior to the instant partition (hereinafter “instant aggregate building”), and completed the registration of ownership transfer to the buyer of the exclusive ownership ownership.
C. On May 15, 2003, E, etc. completed the registration of ownership of the instant aggregate building as part of the instant land before the instant partition. The instant land before the instant partition was divided into the area of the instant aggregate building on May 17, 2003, where the land before the instant partition was divided into the area of the land B B B on May 17, 2003, and the area of the H.78.3 square meters in Suwon-si, Suwon-si, Suwon-si, 2864.3 square meters (for the instant land, the area on the same day is changed to the road), and each land was converted into the area of the instant land on November 24, 2003 due to the change of the name of the administrative district; hereinafter the said B B on November 2864.1 square meters and H.784.3 square meters into the area of the instant aggregate building on May 17, 2003, each of the instant land was registered as the area of the instant land (hereinafter “instant 2”).
On the other hand, on December 2, 2009, the Korea Credit Guarantee Fund received a provisional attachment order as to shares of 78.3/29424 (E and F 39.15/29424) among the land in the instant case 1 and 2, and subsequently, upon the application, obtained the ownership of shares of 78.3/29424 (E and F 39.15/29424) on April 17, 2012 as Suwon District Court I (hereinafter “instant auction procedure”). The Plaintiff acquired the ownership of shares of 78.3/29424 of the instant land among the instant 1 and 2 by paying the sale price on March 9, 2015 at the instant auction procedure.
E. The defendants are the defendants of this case.