beta
(영문) 대구고등법원 2018.12.19 2017나25087

부당이득금

Text

1. The judgment of the first instance, including the principal claim expanded in the trial, shall be modified as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The management relationship, etc. of each real estate listed in the separate sheet is 1) The forest E-Gun, Gyeongnam-gun, Gyeongnam-do (hereinafter “land before division”).

(1) On January 2, 2013, 2013: ① E forest land 2,419 square meters and ② F forest land 1,054 square meters; and F forest land 1,054 square meters are G land 1,062 square meters (hereinafter “instant building site”) on January 3, 2013.

(2) On March 30, 2015, E forest land 2,419 square meters was re-divided into “each of the instant lands” (hereinafter collectively referred to as “each of the instant lands”), 1,739 square meters within the scope of Korea, E forest land E, 739 square meters, 374 square meters within the boundary of the Republic of Korea, and 306 square meters within the scope of 19 square meters within the scope of 19 square meters within the scope of the

(2) The land before subdivision was originally owned by J, and on December 4, 2009, the joint Plaintiff A of the first instance court registered ownership transfer (No. 15670, Dec. 4, 2009), and on August 22, 2012, the title transfer registration was made from A to the Defendant on December 4, 2009.

(C) On October 13, 2015, the building site of this case was registered under the name of the Defendant on the instant building site under the name of the co-defendant D from the Defendant on October 13, 2015 (No. 14204 received on October 13, 2015). The building site of this case was registered under the name of the Defendant before the sale in a voluntary auction procedure, as seen below. (3) The building site of this case was registered under the name of the Defendant on the instant building site of this case, and was registered under the name of the Defendant on December 31, 2012 (hereinafter referred to as the “building of this case”).

(No. 18505, Dec. 31, 2012). On the building site of this case and the building site of this case, the registration of the establishment of a neighboring mortgage-holder, the defendant, the debtor, and the maximum debt amount of which are KRW 131,10,000 (hereinafter “K”) was terminated on January 21, 2013; on October 30, 2015, the registration of the establishment of a neighboring mortgage-holder, the debtor, and the defendant was cancelled on October 29, 2015; and on October 29, 2015, the L association (hereinafter “L association”) is a mortgagee and the defendant.