각 임의경매 사건에서 피고들이 배당받은 돈의 전부 또는 일부가 법률상 원인 없이 취득한 부당이득이라고 할 수 없음[국승]
In each case of voluntary auction, all or part of the dividend received by the Defendants cannot be deemed as unjust enrichment obtained without legal grounds.
Even if the registration of the above site was cancelled in accordance with the validity of the registration of the provisional injunction in the name of KimF, which was completed earlier than the registration of the site ownership with respect to the land of this case, which is the object of the right to the site for each aggregate building of this case, it is reasonable to view that
2013 Gohap132 Return of unjust enrichment
ThisAAA
United States Armed Forces and seven others
May 23, 2013
July 25, 2013
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The judgment ordering that the Plaintiff, Defendant Bocheon-si, Defendant Bocheon-si, and Defendant Bocheon-si shall pay 000 won, and 000 won for Defendant Yangyang Agricultural Cooperatives, and 000 won for Defendant BB Vietnam, and 000 won for Defendant JCC, and 000 won for Defendant JD, and 000 won for Defendant Republic of Korea, and 000 won for each of them, and 20% per annum from the day following the delivery of a copy of the complaint of this case to the day of full payment.
1. Facts of recognition;
The following facts may be recognized by taking into account the absence of dispute between the parties, and the whole purport of each entry and pleading in Gap evidence of subparagraphs 1 through 5 (including each number):
(a) The voluntary auction of immovables (No. 16064) with the Suwon District Court Branch Branch of Suwon District Court of 2010 Doz. 16064; and
On December 1, 2010, NOE (hereinafter referred to as "E") Nos. 00, 000, and 000, and Nos. 000, and 000, and Nos. 0000, and 000, and No. 0000, and No. 0000, and No. 0000, and No. 0000, and No. 0000, and No. 0000, and No. 0000, and No. 0000, and No. 2000, under the order of 0.12, 200, and 00, and the above courts have applied for voluntary auction at the order of 0.0,00, and 0,000, under the order of 0.1, 200, and 00,000, respectively.
(b) An auction on real estate at Suwon District Court, 201No. 103, 103, located in Suwon District Court;
On January 4, 2011, the defendant Yangyang Agricultural Cooperative applied for a voluntary auction as to the above aggregate building No. 000,000 (OOO-type No. 000) with the Suwon District Court Branch Branch Branch of Suwon District Court of 2011, and the above court rendered a voluntary decision to commence the auction on January 5, 201. The plaintiff was awarded the above EE-type No. 102 and 403 in the above voluntary auction procedure, and paid each purchase price, and completed the registration of ownership transfer on October 18, 201 (hereinafter the plaintiff's registration was completed on October 18, 201 (hereinafter referred to as Suwon District Court of Suwon District) (the plaintiff completed the registration of ownership transfer on Maywon District Court of 2010, the case of the auction of real estate (OO-type No. 16064) and the case of the Suwon District Court of Suwon District Court of 2011 (OO-type No. 1033).
On the date of distribution of the above voluntary auction procedure held on November 7, 201, Defendant Female-gun received 000 won in the first order, and Defendant Gyeyang Agricultural Cooperatives received 000 won in the second order, and Defendant JD received 000 won in the third order.
(c) The reason why the registration of a site ownership was cancelled on the land which is the object of the site ownership;
The land which is the object of the right to a site of each of the instant aggregate buildings is an OO forest 990 square meters (hereinafter referred to as the “instant land”). On June 11, 2004 with respect to the instant land, the registration of transfer of ownership in the name of OO Construction Co., Ltd. was completed on July 30, 2007, and on July 30, 2007, the registration of transfer of ownership in the name of EOO Construction Co., Ltd. was completed. In Suwon District Court, Suwon District Court, Suwon District Court, 2008Kahap140 (hereinafter referred to as the “the provisional disposition registration”). Accordingly, on March 31, 2008, the provisional disposition registration, which is the creditor KimOOO, was completed on the instant land.
On the other hand, EE Co., Ltd. completed on May 26, 2008 the registration of claim for transfer of ownership on the land of this case on September 25, 2008, and completed the principal registration of transfer of ownership on September 25, 2008, and completed the ownership registration of this case on the land of this case on the land of this case. After that, KimF had completed the registration of provisional disposition of this case on July 30, 2007, the transfer of ownership registration of this case against transfer of ownership against transfer of this case was null and void under the title of this case on the ground that it was in accordance with the title of this case on July 30, 2007, and filed a lawsuit seeking cancellation thereof (U.S. District Court Sungnam Branch Branch Branch Branch Decision 2008Ga5079) and on March 19, 2010, the judgment was finalized on September 20, 201, and the registration of ownership transfer was cancelled under the title of O and the above provisional registration of this case was cancelled.
2. Determination on the cause of the claim
(a) Grounds for claims;
The Plaintiff paid KRW 000,000, total of the proceeds from the sale of each of the instant aggregate buildings in the case of Suwon District Court's Suwon District Court's Suwon District Court's Suwon District Court's Suwon District Court's In the case of the auction of real estate rent and the auction of real estate rent and rent of real estate in Suwon District Court's Suwon District Court's Suwon District Court's Suwon District Court's Suwon District Court's Suwon District's Suwon District's Suwon District's Decision 16064, around 2011, and the ratio occupied by the value of the site is 50%. However, with regard to the instant land which is the object of the site ownership for each of the instant aggregate buildings, the registration of the site ownership for each of the instant aggregate buildings was cancelled, based on the registration of the provisional injunction in this case. Therefore, as seen above, the Defendants
B. Determination
In the case of a land rental auction case of the real estate rental auction case of heading 2010ta, 16064, 201, 201, 301, and the real estate rental auction of each of the instant aggregate buildings, etc., which are the purpose of auction, was decided and decided, and it is reasonable to view that even if the above registration of a site ownership was cancelled in accordance with the validity of the provisional disposition registration in the name of Kim FF, which was completed earlier than the registration of a site ownership for each of the instant aggregate buildings, such circumstance alone does not result in the cancellation of the above registration of a site ownership.
Therefore, in the case of this case, whether Article 578 (Sale and Seller's Liability for Warranty) of the Civil Code applies is separate, and it cannot be said that the defendants acquired all or part of the paid money in each of the above voluntary auction cases without legal cause. Therefore, the plaintiff's assertion is without merit.
3. Conclusion
Therefore, all of the plaintiff's claims are dismissed, and it is so decided as per Disposition.