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(영문) 서울남부지방법원 2017.12.14 2016가단5720
부당이득금
Text

1. The Plaintiff:

A. Defendant B is 429,304 won; Defendant C is 544,166 won; Defendant D, E, and F are 612,018 won and each of the said money.

Reasons

1. Facts of recognition;

A. On December 10, 1999, the Plaintiff is a co-owner who completed the registration of ownership transfer with respect to one-fifth of 1/5 shares out of H large 64 square meters in Guro-gu Seoul Metropolitan Government (hereinafter “instant land”).

B. The Defendants, as part of each owner of 15 households in multi-household housing (unregistered buildings, the details of which are indicated in attached Table 2, and the building in this case; hereinafter the same shall apply) using the land of 5 parcels including the instant land as the site, are as follows, and the actual ownership status is as follows. The respective size of the said 15 households is below the building site.

The Plaintiff filed the instant lawsuit against the deceased J on May 18, 201, when the number of housing buyers in the current status of housing units under the sales contract, H 101 B01 for the second buyer H 101 for the second buyer, I (collective sale on March 28, 2006). However, the Plaintiff withdrawn the instant lawsuit on May 18, 2017.

(2) Defendant BH 201 No. 101 (Sale on August 27, 2009) Defendant C (Sale on November 20, 201), Defendant C’s succeeding Intervenor GH 301 (No. 201) and Defendant DH 401 (No. 301) and Defendant EH 501 (No. 402), Defendant FK 101 and B02 L (Joint Sale on March 20, 2006) (No. 201 and sale on January 26, 2007), NK 201 and 302 (No. 201 and No. 30205 (No. 302, Oct. 7, 2009) were sold and sold, respectively, (No. 2036, 206) and No. 3015 (No. 206, Mar. 26, 2007)

2. According to the above facts of determination as to the cause of the claim, since the defendants owned five households among 15 households within the building of this case where the land of this case was used as the site, and thus, they have de facto right to dispose of the land of this case without any title. Since the actual sectional owners who are or were to own the land of this case have occupied and used the land of this case without any title, they shall, barring any special circumstances, hold their own right to dispose.

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