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(영문) 서울중앙지방법원 2017.05.01 2016나15043

부당이득금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff against the defendant A, which orders payment below.

Reasons

1. Basic facts

A. The nine persons, including Defendant A and C, D, E, F, G, H, I, and J, jointly purchased 92 square meters (hereinafter “instant land”) prior to Seocho-gu Seoul Metropolitan Government K on April 7, 198, and completed the registration of ownership transfer as to shares on 1/9 February 8, 199, respectively.

B. The nine co-owners of the land of this case, around February 1990, agreed that the location and area of each co-owner of the land of this case shall be in proportion to the shares of each co-owner as follows: and the co-owners of each part of the land of this case agreed to own and use each part of the land of this case independently.

(hereinafter referred to as “instant arrangement”. Part - The same location: Part (A) connected in sequence with each of the points listed in the separate sheet No. 2, 3, 4, 5, 6, 15, 14, 13, 12, and 2 (hereinafter referred to as “the part on the side of the instant land”) - The relevant co-owner: Defendant A, G, H, and F-representative: 4/9 (=1/9 x 4): the center area: 6, 7, 8, 9, 16, 11, 12, 13, 14, 15, and 6: (b) the area of each of the relevant land connected in sequence by the co-owner - C, D, 14, 12, 15, and 6: the total area of each of the instant land - the area of each of the instant land - the entire area of each of the joint owners - 10/9 (16/1,16) drawings in sequence order.

C. Of the above co-owners, the J sold 1/9 J shares out of the land of this case to Co-owners C and F, and completed each registration of ownership transfer on October 22, 191 through February 25, 1992.

1) On November 5, 2010, one of the said nine co-owners died on November 5, 201, and L, his wife, succeeded to the 1/9 H shares of the instant land. 2) Thereafter, L’s share of 1/9 of the instant land is Seoul Central District Court Nro.