beta
(영문) 대구지방법원상주지원 2015.10.28 2013가단3902

부당이득금

Text

1. Claim against the Defendant (Counterclaim Plaintiff) B and Defendant C by the Plaintiff (Counterclaim Defendant, Appointed Party) and the Defendant (Counterclaim Plaintiff) B.

Reasons

1. Basic facts

A. On April 26, 2005, Nonparty G completed the registration of ownership transfer based on the sale on the same day with respect to the housing and three-story buildings of Eunpyeong-gu Seoul Metropolitan Government 112 square meters (hereinafter “instant housing site”) and its ground multi-family multi-family housing and three-story buildings (hereinafter “instant building”).

B. On May 13, 2005, the instant building was divided into multi-household houses (collective buildings) and multi-household houses (collective buildings) from multi-household houses and neighborhood living facilities (general buildings). On May 23, 2005, multi-household houses (one household, real estate listed in attached Table No. 1), multi-household houses (one household, one household, and real estate listed in attached Table No. 2), second multi-household houses (two households, and real estate listed in attached Table No. 3 and No. 4), third multi-household houses (one household, and real estate listed in attached Table No. 5) were registered.

C. The size and shares of each section for exclusive use of each real estate listed in the separate sheet shall be as specified in the separate sheet of shares, and the shares of each site shall not be registered as a site ownership.

1) G on May 23, 2005, the real estate listed in paragraph 1 of [Attachment List 1] (hereinafter referred to as “SaB-01”) and “SaB-01”

(2) On May 205, 2005, G had completed the registration of ownership transfer in the name of Nonparty H on the grounds of sale on May 20, 2005, and thereafter, on March 21, 2014, the registration of ownership transfer was completed on the grounds of sale by compulsory auction on March 21, 2014. 2) G had completed on May 23, 2005 with respect to the real estate listed in the attached Table No. 2 of the attached Table No. 101 (hereinafter “No. 101”) on May 20, 2005 and completed the registration of ownership transfer in the name of Nonparty I on the grounds of sale on May 20, 2005, and thereafter, on May 6, 2013, the registration of ownership transfer was completed on the grounds of sale by compulsory auction on April 26, 2013.

3) On May 23, 2005, G refers to the real estate listed in paragraph (3) of the [Attachment List 3 (hereinafter “No. 202”; hereinafter “No. 01, 101, and 202”) as the total term “each section of exclusive ownership”.

(b).