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(영문) 서울고등법원 2015.04.03 2014나2000657
부당이득금
Text

1. Of the judgment of the first instance, the part on the Defendant (Counterclaim Plaintiff) C is revoked, and the Plaintiff (Counterclaim Defendant)’s counterclaim is revoked.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry described in sub-paragraphs A(1) to 11, B(1), B(2) to B(3).

On May 23, 1994, the Plaintiff purchased 37.46 shares among the land listed in paragraph (2) of the attached Table No. 2 of the real estate list (hereinafter “instant land”) and completed the registration of ownership transfer on May 27, 1994, and owns the instant land until now.

B. Defendant B completed the provisional registration of ownership transfer claim on January 7, 1994 on the same day after the registration of ownership preservation was completed on January 6, 1994 with respect to the buildings listed in paragraph (1) of the attached Table (hereinafter “instant building”) among the three multi-household houses of reinforced concrete structure built on the ground of this case’s land (hereinafter “multi-household houses in this case”).

On May 9, 2012, Defendant C acquired the right to claim the transfer of ownership in succession, and completed the additional registration of the transfer of ownership on May 15, 2012 with respect to the instant building on the same day, and completed the principal registration of the transfer of ownership on the basis of the provisional registration on the same day. Defendant C purchased the instant building from Defendant C on May 22, 2013, and completed the registration of ownership transfer on the instant building on May 23, 2013.

C. The instant multi-household house consists of seven households, each of which consists of two households and three floors (No. 101, No. 102), respectively, on the first ground floor (No. 101, and No. 102), on the second floor (No. 201, and No. 202). The area of the instant multi-household house is 69.39m2, each of which is 102 and 202m2; the area of the instant building and the exclusive ownership under subparagraph 102 and 202 is 74.21m2, each of which is 104m2, and the area of the exclusive ownership under subparagraph 301 is 3m2, the area of the exclusive ownership is 535.23m23m2 (No. 69m39 x 74.21m24.3m2).)

In the case of multi-household housing in this case, 101, 101, 202, and 301, the owner of each section for exclusive use.

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