부당이득금
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the lower court’s acceptance of the first instance judgment is as stated in the reasoning of the first instance judgment, except for the addition of Paragraph (2) to the determination of the Plaintiff’s assertion emphasized by this court, and thus, it is acceptable in accordance with the main sentence of Article 420
(excluding the judgment of the court of first instance on the main claim). 2. Judgment on the plaintiff's assertion
A. In the auction procedure based on the instant right to collateral security, only the building, which is the exclusive section for exclusive use in the instant case, was the object of the auction, and the appraisal was conducted only on the building, but did not conduct an appraisal on each of the instant housing site shares. As such, P and Defendant B acquired the ownership of each of the instant housing site shares
This constitutes a case where ownership is acquired without any legal cause.
Therefore, the Defendants, who acquired ownership of each of the above sections of exclusive ownership and the share in the site from P, should return unjust enrichment equivalent to the market price at the time of the above acquisition.
B. The auction procedure was initiated based on the right to collateral security established only with respect to the section for exclusive use prior to the completion of the registration of ownership transfer on the section for exclusive use and the registration of ownership transfer on the share of the site was completed. Even if the execution court conducted the auction procedure without reflecting the appraised value on the share of the site in the bidding order on the section for exclusive use, the successful bidder also acquired the share of the site, which is an accessory or subordinate right, according to the successful bid in accordance with the agreement of the section for exclusive use, unless there are special circumstances, such as that there is a stipulation that the right to use the site may be separately disposed of,
Therefore, the successful bidder has completed the registration of ownership transfer with respect to the share of the site at the request of the court of execution after the registration of the share of the site is completed.