부당이득금반환 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The registration of preservation of ownership was completed on May 17, 1996 with respect to the building of 12nd ground located on Seongbuk-gu Seoul and D ground (hereinafter “instant building”). On January 9, 2006, E’s ownership was transferred to Defendant B. According to the entry of the pertinent building and its site, according to the above C and D’s real estate register, the Plaintiff and Defendant B entered the instant building in proportion to the shares of 391.325/1369.6 and the shares of 1/4 and the shares of 1/3/4 and the shares of 1/2 shares of 1/2 shares, respectively.
Defendant B filed a claim against the Plaintiff for the partition of the instant building and its site as Seoul Central District Court Decision 2009Gahap65961, and on July 13, 2010, the said court rendered a judgment that “the remainder after deducting the auction cost from each sale price of the above real estate shall be sold at auction to the Plaintiff and the Defendant B’s share ratio.” The Plaintiff’s appeal was dismissed in the Seoul High Court Decision 2010Na70836, which appealed against this decision, and the said judgment became final and conclusive.
On July 24, 1995, before the completion of the instant building, the Defendant Korea Life Insurance Co., Ltd. (hereinafter “Defendant Korea Life Insurance Co., Ltd.”) entered into a contract for leasing the five to nine floors of the instant building with the Plaintiff’s agent and the Defendant B, a co-owner of the instant building, and thereafter leasing the first to the fifth to the fifth to nine floors of the instant building.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1-2-5-2-2, and the purport of the whole pleading as to defendant B, the plaintiff's assertion as to the claim against the defendant Eul from the lessee of the building of this case since the construction of the building of this case.