부당이득금반환
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion and judgment on this issue
A. On April 4, 2006, the purport of the Plaintiff’s assertion was that the Plaintiff purchased D, 108 Dong 104 (hereinafter “the apartment of this case”) from Korea Comprehensive Construction Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) for the purchase of the apartment of this case, and the payment of interest was overdue when the Plaintiff obtained a loan from the National Agricultural Cooperative Federation as security. The apartment of this case was sold by auction under the condition that the right to site was unregistered.
The defendants won the apartment of this case with the purchaser. At the time of the above auction, the right to the site was unregistered, and the right to the site was acquired without any legal cause.
Therefore, the Defendants should pay to the Plaintiff the amount of KRW 50 million corresponding to the site ownership value in unjust enrichment and delay damages therefor.
B. In light of the relevant legal principles, Article 20(1) and (2) of the Act on the Ownership and Management of Aggregate Buildings and the main text of Article 358 of the Civil Act, barring any special circumstance, such as where only the ownership transfer registration for the section of exclusive ownership has been made and the ownership transfer registration for the section of exclusive ownership has been made, the effect of the mortgage established on the section of exclusive ownership prior to the completion of the ownership transfer registration for the section of exclusive ownership due to the delay in the portion of shares in the site of an aggregate building, the delay in the procedure for subdivision, and the delay in the decision on the ratio of shares per household, etc., the right to use the site, which is an accessory or subordinate right, naturally, shall be extended to the right to use the site, if the owner of the section
Before only the registration of ownership transfer has been made for the section for exclusive use and the registration of ownership transfer has been made for the section for exclusive use, the auction procedure was initiated on the right to collateral security established only for the section for exclusive use, and the execution court orders the bid for the section for the section for exclusive use.