부당이득금
1.The judgment of the first instance shall be modified as follows:
2. The Plaintiff, Defendant K 19,750,915 won, Defendant L 15,401,679 won, and Defendant L.
1. Basic facts
A. The Plaintiff’s ownership of shares in the instant site 1) W is 357.7 square meters in Nam-gu, Incheon Metropolitan City (hereinafter “instant site”).
(2) On October 24, 1980, the Plaintiff filed a provisional registration of the right to claim the transfer of ownership based on the reservation under Article 67578 of the Incheon District Court’s receipt of the first and third shares (=2/3 shares x 1/2), and on May 8, 1991, the principal registration based on the above provisional registration was completed on October 8, 1991. < Amended by Act No. 3797, Oct. 24, 1980; Act No. 4578, May 8, 1991>
(hereinafter referred to as the “instant shares”) 1/3 shares of the instant site acquired by the Plaintiff. B
1) Construction of the instant building on the ground of the instant site 1) Each partitioned building on the ground of the instant site listed in the attached Table 2 list (hereinafter collectively referred to as the “instant building”) shall be classified into the floor and the number of houses, such as the “one story 1”, when individually referring each partitioned building.
) This building was constructed with a building permit on February 14, 1981 and obtained approval for use on March 5, 1981, and registered as an aggregate building on March 26, 1981 (which was recently divided into the buildings listed in Schedule 1, 2, 3, and 6, but the buildings listed in Attached Table 2 List 3 and 4 on February 5, 1982 are divided into the buildings listed in Attached Table 2 List 3 and 4, and the buildings listed in Attached Table 2 List 4 on June 1, 1987 were subdivided into the buildings listed in Tables 4 and 5.
(2) On March 26, 1981, as to the instant building, on March 26, 1981, the Z, 1st floor 2, WW, X for the second floor, and Y for the underground floor, respectively. On February 17, 1982, X acquired the ownership of 3rd floor as X was divided from 2nd floor.
C. Each of the instant sections for exclusive use and the instant land’s co-ownership transfer account for the ownership transfer 1) At the time of completion of each of the above registration of ownership preservation on the instant building, X owned 1/3 shares, and Y owned 2/3 shares, respectively, and Y shares on June 24, 1982 (the Plaintiff out of 2/3).