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(영문) 수원지방법원성남지원 2015.04.07 2014가단32761

부당이득반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C purchased the instant site on June 29, 2002, and completed the registration of ownership transfer on the instant site C on July 29, 2002.

B. C newly constructed D, a multi-household of five floors on the instant land (hereinafter “instant aggregate building”), and registered the ownership preservation of the instant aggregate building as an aggregate building on October 5, 2004, and on the same day, registered the ownership ownership right of the instant aggregate building as to the entire site of the instant aggregate building.

The entire site of this case is used as the site of this case.

C. On the instant land, C shared 1583/19900 shares, the Defendant shared 43167/19900 shares, and the subsequent auction procedure commenced on December 14, 2006, and the Defendant’s share 15583/190000 shares and the Defendant’s share 43167/19000 shares sold to Plaintiff, E, F, and G, thereby sharing the instant land. The ownership transfer registration as to the said co-ownership was completed on December 29, 2006.

At this time, the Plaintiff’s share was 49750/1900 (hereinafter “instant share”), E, F, and G’s share was 59700/7960000 in total.

On the other hand, on December 29, 2006, the registration of cancellation of the ownership of the instant aggregate building site was completed with respect to the instant site. D.

1) The co-ownership of the instant site in E, F, and G was transferred to H on January 16, 2009. Of H shares, on March 10, 2009, the ownership of H shares was transferred to I on March 10, 2009, and registered as the ownership of the instant aggregate building No. 201. On April 28, 2009, 18972/796000, the ownership of the instant aggregate building No. 301 was transferred to J on April 28, 2009 and registered as the ownership of the said 301 site. On June 2, 2009, the Plaintiff’s co-ownership was transferred to K on June 401, 209 and registered as the ownership of the instant aggregate building No. 401, and the remainder of the Plaintiff’s co-ownership shares were registered as the Plaintiff’s co-ownership of the instant aggregate building No. 1905/190.

(e).