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(영문) 수원지방법원 2018.08.07 2017가단30053

부당이득금반환

Text

1.(a)

Defendant B shall have respect to KRW 404,270, respectively, and KRW 400,000 among the Plaintiff (Appointed Party) and the Appointed Party D.

Reasons

1. Basic facts

A. G Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), H, I, J, K, K, L, M, N,O, P, Q, Q, S, T, U,V, and W (hereinafter “Co-owners of the instant case”) jointly owned the instant site in proportion to their respective shares. G Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), X X large 617 square meters, and Y large 135 square meters (hereinafter “instant site”).

The share ratio of the non-party company 150.604/801, H, I, R, and V respectively 46.8/801, J, M, M, S, U. 49.56/801, K, L, N,O, P, and Q were 32.06/801, T, and Q 36.12/801, respectively.

B. On January 21, 1998, the co-owners of the instant case newly constructed a joint housing of four stories of reinforced concrete tanks (one story of 369.45 square meters, two stories of 364.77 square meters, three stories of 364.77 square meters, four stories of 301.47 square meters, three hundred and twenty-six-six-six6 square meters of multi-story of 326.86 square meters (hereinafter “the instant apartment house”). Of the instant apartment house, the non-party company built a Zho Lake (5.44 square meters), AAAB head (67.41 square meters), 83.37 square meters of A.4 square meters on the instant land, with respect to A.C. (74.37 square meters), and with respect to A.44 square meters of A.47 square meters of A.5 square meters of A.47 square meters of A.37 square meters of A.45 square meters of A.41 square meters of A.47.41 square meters of Ga of Ga (M)

C. On December 15, 1995, the non-party company completed the registration of the establishment of a neighboring establishment of a mortgage on the shares of the non-party company (150.604/801) out of the instant land, but the auction procedure was conducted on February 26, 1999 upon the application for voluntary auction by the above AR.

(S) At the above auction procedure, AT was awarded the share of the non-party company on December 20, 200, and the plaintiffs were donated from AT on April 17, 2008 and received the above share on May 2, 2008, respectively.