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(영문) 인천지방법원 2015.08.21 2014가합2163

부당이득금반환

Text

1. Defendant I:

A. Plaintiff A, KRW 5,712,461, KRW 12,859,564, KRW 12,859,564, KRW 12,859,564, and Plaintiff D.

Reasons

1. Determination as to the claim against Defendant I and J

A. The Plaintiffs were awarded a bid for the sale price on November 29, 2013, in cooperation with Nonparty O, P, and Q in the process of voluntary auction at the Incheon District Court (hereinafter “instant land”) and acquired the ownership thereof. Defendant I is the owner of the building listed in [Attachment I] Section 1 through 6 of the List of Real Estate. Defendant J occupied the instant land as the owner of the building listed in [Attachment I] Section 7 of the same List. Nonparty Q is the owner of each of the instant land on January 16, 2015. Nonparty Q transferred to the Plaintiffs according to the share of the instant land and its claim for return of unjust enrichment equivalent to the cost of return of the instant land generated to J, according to the ratio indicated in the column of “ Qu share acquisition” column 1 below, and notified Defendant I and J around April 3, 2015, and the ownership of each of the instant land was not registered or the ownership of each of the instant land is not recorded in the column 1 to 381/5 of the ownership of each of the instant land.

The term "B" means a share in a right to a site registered for any other part than a building (S building Nos. 01, 101, 105, 106, 501, 502, and 503) listed on the list of real estate (S building No. 1, 101, 101, 105, 106, 501, 502, and 503) listed on the list of real estate in attached Form

Current shares held (=A-C) 1 A 60.04/708.3 7.708.3 17.07/708.3 17.07/708.3 507/708.37.47/708.33 25.072/708.33 C 3 C 28.96/708.96/708.333.47/7.708.7.38/6.78/7.7.888/7.7.38/6.7.78/7.38.5/7.48.7.78/7.38.48.7.85/7.7.38.78.78.83/6.7.87.38.73/7.8.708.74.38.74.708.3444.708.38.7.38.7.708.7.38.38.7.7.38.