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(영문) 서울중앙지방법원 2016.06.10 2014가합584756

부당이득금

Text

1. The Defendants jointly do so to the Plaintiff:

(a) KRW 241,736,452 and its related thereto from November 18, 2014 to June 10, 2016.

Reasons

1. Basic facts

A. The current status of the instant commercial building 1) Seoul Jung-gu E and 197 lots (hereinafter “instant site”).

() On the 4th floor of reinforced concrete structure, a building (G commercial building within the F market; hereinafter “instant commercial building”) with a size of 2,622.35 square meters for 2,830.74 square meters for 2,830.74 square meters for 3 floors, 298.18 square meters for 4 floors, 298.18 square meters for 2,908.26 square meters for 1,804 square meters for 2 underground floors, and 1,804 square meters for 13 square meters for 2nd underground floors.

There are several commercial buildings on the instant land. However, as large fire occurred around October 30, 1969, the previous commercial buildings and landowners newly built the instant commercial buildings and distributed the land and stores according to the original owned area. 2) Among the instant commercial buildings, there are two shops, such as machinery rooms and warehouses, the first floor to the third floor above the ground, and the fourth floor to the fourth floor, and there are several stores on one parcel of the said 198 parcel of land. Among the said 198 parcel of land, there are several shops on one parcel of land, and there are no stores on the ground, and land used only for public use such as passage.

3) The “building description” in the “building title section of the building title section of the instant commercial building refers to the number of individual stores indicated below the entire content of the instant commercial building, and under which the entire content of the building is indicated below, an indication registration is made by means of stating the floor and size of the individual store after indicating the entire content of the building in which the said store is located. (B) On November 12, 2008, the Plaintiff purchased the land listed in paragraph 1 of the attached Table (hereinafter “instant land”) in the procedure for the auction of H Real Estate in the Seoul Central District Court HH Real Estate Auction (hereinafter “instant land”) and pays the price in full around that time, and completed the registration of ownership transfer on December 1 of the same year.

2) On December 27, 1976, Defendant B had a building listed in Section 2 of the Attached List No. 2 (hereinafter “No. 1”).

the above building, the registration of ownership preservation of which has been completed.