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(영문) 서울고등법원 2018.07.11 2017나2072486
부당이득금
Text

1. Of the judgment of the first instance, the part on Defendant AC and the Ansan Savings Bank is revoked, and the Plaintiff’s Defendant AC and .

Reasons

1. Basic facts

A. AH’s attached real estate list Nos. 1 and 2 (hereinafter “instant 1 and 2”) is the land listed in attached Form 2’s attached real estate list No. 1 and 2 (hereinafter “instant land”).

3) The land listed in Section 3 of [Attachment 2] in [Attachment 2] List of Real Estate (hereinafter “instant land”).

2) AH owned the instant building with co-ownership from around 1974 to around 1982 with the consent of the other co-owners of the instant land. ① Buildings listed in paragraph (4) of the attached Table 2, which are the single-story building (area 245.88m2) on the instant land (hereinafter “instant paragraph (4)”). ② Buildings with the first floor above the instant land, the second floor above the ground, the second floor above the ground (area 27.2m2, the first floor area above the ground, the 260.7m2, the second floor area above the ground, and the second floor area above the 205m2”) indicated in paragraph (5) of the attached Table 2, which is the 1974 to the 1974 to the 2nd floor (hereinafter “instant paragraph (5)”) and the 6th floor below the instant building to the 6th floor and the 6th floor to the 6th floor to the 2nd floor (area 584m2, the instant building”).

3) On August 12, 1985, AH completed the registration of ownership transfer with respect to its own shares and the buildings of this case 4, 5, and 6 among the land of this case and the land of this case 1, 2, 3, on August 12, 1985 ( Trading on August 10, 1985, N acquired shares from other co-owners of the land of this case 3, and owned 22/28 shares among the land of this case.

B. N. The sales of the store in the “paragraph 4 of this case” and “the 1st floor of this case’s 6th floor.”

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