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(영문) 서울고등법원 2015.12.17 2014나44514
건물철거등
Text

The judgment of the first instance, including a claim extended or reduced in the trial after the second remand, is as follows.

Reasons

Basic Facts

In relation to the ownership of the instant land, Dongjak-gu Seoul Metropolitan Government AS large 3,382 square meters (hereinafter “instant site”) owned by AT, the Plaintiff’s father, and on March 18, 1995, the Plaintiff inherited and owned on March 18, 1995, and the AU large 936 square meters (hereinafter “instant neighboring land”) currently owned by DK and AX corporation (aV corporation: hereinafter “AV company”).

AT related to the sale and ownership of the apartment of this case newly constructed a main complex building with the fifth floor size above the ground surface on the site of this case and adjacent land, and on October 1, 1973, the non-party company (the representative director at the time AW was replaced by the representative director at the time, around 194, and the representative director at the time was appointed by AT as the representative director, and the present representative director at present) sold the building under construction to the non-party company.

After completion of the above building and obtaining approval for use on January 7, 1976, the non-party company sold each apartment house (hereinafter "the apartment house of this case") from 3 to 5 stories in the attached Form 3 "the first buyer" column for the commencement date of possession to 5 stories for each apartment house (hereinafter "the apartment of this case"), and thereafter, on February 1, 2008, the non-party company transferred or succeeded to part of the apartment of this case and filed the lawsuit of this case by the plaintiff, its owner is as stated in the "owner" column of the attached Table 3 for the commencement date of possession.

Meanwhile, as the J, which owned 3/9 shares of the instant apartment 315, died on October 6, 2009 when the instant lawsuit was pending, Defendant K, L, and M inherited the said J shares by inheritance shares. Defendant R transferred on July 10, 2009 the ownership of the instant apartment 321 to DL, DM, and Defendant AG transferred the ownership of 501 shares of the instant apartment 501 to DN on December 15, 2009.

[Grounds for recognition] In light of the above facts without dispute, Gap's evidence Nos. 1 through 5, 8, 9, 28, 40, Eul's evidence Nos. 1 through 4 (including the number of each unit), and the whole purport of the pleading and the ground for claim for establishing unjust enrichment, the defendants are each of the apartment buildings of this case for each corresponding period on the site of this case.

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