부당이득금
1. The Defendant (Counterclaim Plaintiff) paid KRW 47,376,082 to the Plaintiff (Counterclaim Defendant) and its related amount from March 29, 2018 to July 19, 2018.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. D Corporation, around 1981, constructed a new building of G through Hdong apartment and a boiler cell building of reinforced concrete structure on the adjoining F land (hereinafter “instant sales facility”) on the south-gu Seoul Special Metropolitan City, Ulsan-si and a road of 7,652 square meters and E, which was owned by it, around 1981, and completed registration of preservation of ownership by constructing an I and Jdong apartment (hereinafter “G or Jdong apartment”) around 1989, and used it as an official residence for employees.
G or Jdong building was constructed in general apartment form, but registration of preservation of ownership has not been completed but has been completed for each unit of building.
B. Since around 191, the part of F’s land category was divided into 11,952 square meters located in K, H, I, and Jdong, and part of F’s land category was converted, and a part of the land was merged into 12,167 square meters (hereinafter “L land”). The land of this case was 7,485 square meters remaining after dividing the 167 square meters from the 3rd 7,652 square meters into 3rd 7,652 square meters, and 7,485 square meters remaining after dividing the 167 square meters into 167 square meters from the 3rd 7,652 square meters, and the land of this case was located in K, H, I, and Jdong on the land of this case, and G, Mdong and the sales facilities of this case were located on the land of this case.
C. However, as the D Corporation was partially divided and established, around May 2001, the Defendant and N Co., Ltd. (hereinafter “N”), the ownership transfer registration was completed in the name of the Defendant with respect to the instant sales facilities, and with respect to the shares of 2,231/7,652 among the instant land and Mdong buildings, and the ownership transfer registration was completed on April 2, 2001 in the name of the Defendant for the following reasons: G, K, H, I, J-dong buildings, and N-dong buildings for each employee, around May 201.
The Plaintiff purchased 2,231/7,652 shares of the instant land from N on November 5, 2014 and completed the registration of ownership transfer on December 4, 2014 through the public sale procedure of Korea Asset Management Corporation.
E. On the other hand, G, Mdong buildings and the instant land.