beta
(영문) 광주고등법원 2020.10.21 2020나21038

부당이득채권반환

Text

1. The judgment of the court of first instance is modified as follows.

The Defendant, the Cheongju District Court, the Cheongju District Court, the D, the E, and F.

Reasons

1. Basic facts

(a) Each of the sites listed in paragraphs 1 and 2 of the attached Table 1 located in AJ Dong-dong at the time of loyaltying the outline of the real estate subject to auction is adjacent to each other.

In 2012, the building for the purpose of use, such as the funeral hall with the first floor above the ground and the third floor above the ground, such as the attached Table 3, was newly constructed on the ground of both sites.

In hereinafter, the separate sheet No. 1 is indicated as “instant site”, “instant site No. 2”, “instant site”, and “each of the instant sites”, and “each of the instant sites”, and “each of the buildings listed in the separate sheet No. 3, i.e., building” and “instant building”, and “each of the instant real estate”, respectively, if each of the real estate is collectively referred to as “each of the instant real estate.”

B. The registration of ownership transfer in the name of H was completed on May 2, 2012 with respect to each of the instant building site in relation to the basic ownership following the registration of preservation of the instant building, and the registration of ownership preservation in the name of H was completed on April 25, 2012 with respect to the instant building.

C. On December 17, 2007, the previous provisional attachment registration, etc. as to each of the instant lands was completed on December 17, 2007, under the name of the I association as to the instant land No. 1, the establishment registration of a mortgage of KRW 1.477 million with the maximum debt amount, and KRW 70 million with the name of the J association. On April 22, 2008, the establishment registration of a mortgage of KRW 490 million with respect to each of the instant land No. 2 was completed on April 15, 2013 under the name of the J association. On February 15, 2013, the additional registration as to the transfer of each of the instant land was completed under the name of K as to each of the instant land on the grounds of the transfer of the finalized credit amount, while the provisional attachment registration of KRW 80 million with respect to each of the instant land was completed on November 19, 2009.

With respect to the establishment of provisional registration, etc., and the acquisition of ownership by a limited liability company T, April 30, 2012, each of the instant buildings on May 12, 2012, each of the instant sites in the name of L, the establishment of mortgage over the maximum debt amount of KRW 500 million, and ② M.