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(영문) 서울서부지방법원 2019.08.22 2018가단222856

부당이득금

Text

1. The defendant shall be the plaintiff.

A. Of Yongsan-gu Seoul Metropolitan Government 86 square meters, each point is indicated in the attached Form 1, 2, 3, 4, 5, and 1.

Reasons

1. Basic facts

A. D owned the 1/2 shares in the attached Form No. 4 and 48.93 square meters in the ship (hereinafter “registration building of this case”) connected each point of the attached Form No. 1,5, 6, 7, 8, 9, 10, 2, 11, and 1 among the above land and the land of Yongsan-gu Seoul Metropolitan Government 86 square meters (hereinafter “instant land”) in order to connect each point of subparagraph 1, 5, 6, 7, 8, 9, 10, 2, 11 and 1 of the attached Form No. 4 among the above land (b) and the land of this case, among the 1/2 shares in the land and the above land and the 1/2 shares in the attached Form No. 1, 2, 3, 4, 5, and 1.

B. On December 26, 2006, Defendant and E completed the registration of ownership transfer made on November 20, 2006 for each of 1/2 shares out of the instant land owned by D on November 20, 2006.

On July 1, 2014, the Defendant acquired the ownership of the above land by completing the transfer registration of shares based on an agreement on November 20, 2006 with respect to E’s shares (1/2) out of the above land.

On May 21, 2018, the Plaintiff completed the registration of transfer of shares on May 4, 2018 with respect to one-half shares of the land above.

C. D/F held 1/2 of the instant registered buildings, respectively.

After December 26, 2006, the defendant and E completed the registration of transfer of shares on November 20, 2006 with respect to D's shares (each 1/4).

Of the above registered buildings, E’s share (1/4) was transferred to G on September 9, 2009 on the ground of donation on September 8, 2009; F’s share (1/2) was transferred to H (3/72), I (2/72), J (2/72), K (2/72), L (1/72), M (1/8), and N (1/8) on January 9, 200.

On January 20, 201, H, I, J, K, L, and M shares (27/72) among the above registered buildings were transferred to theO on December 23, 1992 due to the division of common property.

Since then, the shares of theO (27/72) were successively transferred to P on January 20, 201 on October 15, 2001 to D on January 20, 201, and on October 28, 2002 on October 28, 2002.

The defendant on 2011.