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(영문) 대전고등법원 2019.06.27 2017나11047

부당이득금

Text

1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows.

The defendant.

Reasons

1. Facts of recognition;

A. C (the representative D; hereinafter “C”) held 1,639,979/1,700,020 shares of E Miscellaneous land (hereinafter “instant land”) at the time of official residence, and held 1,639,979/1,70,020 shares (hereinafter “C-owned shares”) among the instant land including C. The holders of the said shares (hereinafter “Plaintiff-owned shares”) held 1,658,393/1,70,020 shares among the instant land including C (hereinafter “Plaintiff-owned shares”) on April 19, 2010 and completed the registration of ownership transfer in the future of the Plaintiff on the same day.

B. On August 23, 2001, the Defendant acquired the ownership of F, which does not have the right to the instant land (hereinafter “instant building”) among the five-story buildings located on the instant land (the same as attached Table 1; hereinafter “instant building”), located on August 23, 2001 (the instant building”) and completed the registration of ownership transfer to G on August 4, 201.

C. Of the instant land, the part of the part on which the instant building is located is connected in sequence with each of the points listed in the annexed Table 1 through 32, and 1 of the annexed Table 2. Of the instant land, the part on a ship (i) connected with each of the points listed in the annexed Table 1 through 4, and 11,085 square meters in sequence among the instant land (i) connected with each point listed in the annexed Table 1, 2, 7, 6, and 1 of the annexed Table 4-2, 184.6 square meters in sequence, the part (i) connected with each point listed in the annexed Table 8,535.7 square meters in sequence 6 through 9, and 64.7 square meters in order to connect each point of (ii) of the said part on a ship, which is located in the instant land, is used as a paid parking lot, etc., and the owner of the instant building, including the Defendant, occupies the remainder of 5,915 square meters in the instant land (i.

[Ground of recognition] without any dispute, Gap Nos. 1, 2, 17 (including each number; hereinafter the same shall apply) and this Court, respectively.