부당이득금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. F and G-owned section of exclusive ownership and housing site shares 1) The members of Ansan-si, Nowon-gu, H 1,570.6 square meters (hereinafter “instant housing site”).
2) On the ground, each section of exclusive ownership (hereinafter “each section of exclusive ownership in this case”) among the fifth floor reinforced concrete building No. 983.44m2, 6 J-ho, 978.04m2, 7m2, 983.4m2, 983.4m2, and 983.44m2, as indicated in the separate sheet, is constructed on the ground, as shown in the separate sheet. 2) F and G (hereinafter “F, etc.”) have been registered as joint ownership registration on the land of exclusive ownership. On the other hand, each section of exclusive ownership in this case was registered as joint ownership registration on the site of exclusive ownership.
On the same day, each of the instant sections of exclusive ownership as joint collateral was concluded with L Co., Ltd. with the maximum debt amount of KRW 2.86 billion, and on January 27, 2003, the establishment registration of the collateral for each of the instant sections of exclusive ownership was completed with respect to L Co., Ltd. (hereinafter “instant exclusive ownership”).
3) After August 31, 2004, F, etc. jointly purchased 1,570.6/1,101.25/6 of the instant site from the Korea Water Resources Corporation and completed the registration of ownership transfer on October 27, 2004. Of them, the share of the site corresponding to each of the instant sections for exclusive use is 614.28/6/1,570 (hereinafter “each of the instant site shares”).
B. (B) The F, etc. entered into and rescinded a sales contract with F, etc. on April 21, 2005, and F, etc. (1) sold each of the instant sections for exclusive use and each of the instant shares to KRW 2.6 billion, and entered into a contract with M, under which M, shall acquire the secured obligation of the instant section for exclusive use and pay KRW 2.2 billion, which is the difference between the purchase price and the secured obligation, and completed the registration of ownership transfer on April 25, 2005 with respect to each of the instant sections for exclusive use and each of the respective sites for exclusive use and the instant shares.
2, M. M.