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(영문) 서울북부지방법원 2018.07.24 2017가단107015

부당이득금

Text

1. The Plaintiff, Defendant B, and Defendant D, as Defendant D, KRW 9,376,208, and each of them, from November 25, 2017 to July 24, 2018.

Reasons

1. Facts of recognition;

A. The Republic of Korea was the owner of the land of 1,378 square meters in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul. The Republic of Korea was the owner of the land of 547.6 square meters, and the said land was sold to the residents and transferred their shares without permission. 2) The said F land was replaced with the land of 1,17.8 square meters in G, H, 2, 505.9 square meters in J, J, 141.5 square meters in J, 245.6 square meters in size, and L, 6.9 square meters in total by 1,019.7 square meters in size.

3) Since then, the above six parcels were registered as several parcels on November 28, 2002 due to the confirmation of partition under the Act on Special Cases Concerning the Partition of Co-Owned Land. Among them, I and 505.9 square meters in the attached Form 1, such as the result of the subdivision of co-owned land in Dongdaemun-gu Seoul, Dongdaemun-gu and 547.6 square meters (hereinafter “instant land”).

(b)The registration of ownership transfer was completed on April 21, 1982. The plaintiff completed the registration of ownership transfer on the right building located on the land of this case and completed the registration of ownership transfer on 70.36 percent of the above six parcels of land on November 28, 2002. The registration of ownership transfer was completed on November 28, 2002 with respect to the shares of 172.1 percent of the shares in this case, M, 10.2 percent of shares in M, 187.2 percent of shares in N, 187.2 percent of shares in N, and 4.9 percent of shares in P, 47.6 percent of shares in this case.

2) Defendant B purchased the left side building on the instant land from N and completed the registration of ownership transfer on or around April 28, 2009, and Defendant B acquired N Shares (187.2/547.6) and M Shares (10.2/547.6) from the instant land and completed the registration of ownership transfer on or around April 28, 2009.

After January 13, 2014, Defendant B paid 18.5 shares of 547.6 shares among the land in this case, 2.6 shares of 547.7 July 7, 2015, and land in this case on March 17, 2016.