부당이득금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 17, 1996, F acquired ownership of 548 square meters in Ulsan-gu D (hereinafter “instant land”).
F On July 1, 1997, the construction of GGra (hereinafter “instant building”) was completed after the commencement of the construction on the instant land, but the registration of ownership preservation was completed on October 25, 2006 upon the request of H’s provisional seizure upon the request of the company H, while the registration of ownership preservation was not completed.
B. On October 17, 1996, the right to collateral security under the name of Company I was terminated on the instant land. However, during the voluntary auction procedure conducted based on the above right to collateral security, Company I awarded a successful bid for the instant land and paid the full purchase price on November 13, 1999 and acquired the ownership thereof.
C. H completed the registration of ownership transfer on August 2, 2004 with respect to the instant land on July 30, 2004. Then, J completed the registration of ownership transfer on July 23, 2008 for the instant land on July 23, 2008.
Defendant B received a successful bid for L-ho section (hereinafter “L-ho section”) among the instant buildings at the auction procedure conducted on November 13, 2006 by compulsory auction order (Ulsan District Court K) and paid the sale price in full on May 16, 2008, and acquired L-ho section’s ownership.
E. In the same auction procedure, Defendant C also received a successful bid with M-ho section (hereinafter “M-ho section”), among the instant buildings, and paid the sales price on May 16, 2008 and acquired ownership of M-ho section (hereinafter “each section of exclusive ownership”).
F. On December 30, 2009, J filed a lawsuit against the owners of the instant building section for exclusive use, including the Defendants, as the Ulsan District Court 2009Kadan42894 on December 30, 2009.
G. In the above lawsuit, the following contents are as between J and the Defendants: