부당이득금반환 청구의 소
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. As co-owners on November 15, 1994, the registration of ownership transfer in the name of the plaintiff and D with respect to the building listed on the attached list of basic facts (hereinafter “instant building”), the registration of ownership transfer in the name of E on the grounds of sale on November 25, 1994, the registration of provisional injunction against disposal in the name of the creditor FF corporation was completed on May 11, 1995, and the registration of ownership transfer in the name of the plaintiff on April 4, 1997 on the grounds of the cancellation of title trust.
Defendant B and his spouse were residing in the building of this case from July 28, 1994, and Defendant C acquired the building of this case through voluntary auction on October 1, 2015 and completed the registration of ownership transfer due to sale due to such voluntary auction on October 5, 2015.
On the other hand, the facts recognized in the judgment of the court of a lawsuit filed by J against the plaintiff et al. (Seoul District Court 98Gahap18914, hereinafter "relevant civil cases") are as follows.
The Plaintiff, including the instant building, shall newly construct the 16-household apartment houses on the Seongbuk-gu Seoul Metropolitan Government G 661m2, H large 68m2, and I large 214m2, and obtained a building permit on July 13, 1993.
On October 20, 1993, the Plaintiff sold each of the above sites to J for KRW 850,000,000, and agreed that the purchase price shall be paid as the purchase price if the said apartment house is newly constructed and sold by J.
(However, in order to secure the payment of the purchase price, the name of the building permit was left in the name of the plaintiff). The J, while carrying out the construction of the said apartment house, delegated N on July 25, 1994 the sale of the said apartment house and the repayment of the debt by N on September 5, 1994, made an agreement to grant NN the right to dispose of the said apartment house.
On November 16, 1994, the Plaintiff and N shall withdraw the Plaintiff’s construction cost of KRW 410,000,000, and the existing tenants (those who entered into a contract with J) for the settlement of obligations such as the above purchase price and the construction cost.