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(영문) 서울남부지방법원 2015.01.20 2014가단201890

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The registration of ownership preservation and the registration of ownership transfer of the apartment of this case 1) E is the first FFF housing association (hereinafter “the instant association”) on 190

2) After becoming a member of the Committee, H apartment No. 105, No. 504 (hereinafter “instant apartment”) on two lots outside Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant apartment”).

2) On March 25, 1999, E entered into a sales contract with respect to the apartment of this case. The registration of ownership preservation was completed on March 25, 1999, and I completed the registration of ownership transfer claim based on the sales promise made on March 23, 1999 with respect to the apartment of this case on the same day, and completed the registration of ownership transfer based on the sales agreement made on March 23, 199. < Amended by Presidential Decree No. 16542, Aug. 10, 199>

3) On February 28, 2001, June 28, 2001, I paid 48,000,000 won with respect to the apartment of this case, each of the maximum debt amount of the apartment of this case, 42,00,000 won, each of the debtor I and each of the mortgage-based one bank (hereinafter “one bank”).

(4) On September 16, 2003, Defendant B completed the provisional attachment registration of KRW 265,000,000 as claimed on the apartment of this case according to the provisional attachment order of Seoul Southern District Court Branch of Seoul District Court 2003Kahap2411, and J completed the provisional attachment registration of KRW 78,70,000 as claimed on December 10, 2007 pursuant to the provisional attachment order of Seoul East Eastern District Court 2007Gadan12162 on December 10, 2007.

5) After that, upon the I died on May 24, 2010, the registration of ownership transfer was completed on August 18, 2010 with respect to the instant apartment by way of inheritance by K, L, and M. The heir, who was the heir. 6) Meanwhile, the land which is the object of the site ownership of the instant apartment is the land of Yeongdeungpo-gu Seoul Metropolitan Government G large 2381m2, N, 1613m2, and 134m2 (hereinafter “instant land”).

B. On September 8, 2010, one bank, the above right to collateral security, applied for a voluntary auction on the apartment of this case. On the same day, Seoul Southern District Court P issued a voluntary decision to commence the auction procedure (hereinafter “instant auction procedure”).

2) At the time of commencement of the auction procedure of this case