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(영문) 서울서부지방법원 2019.09.20 2018나41959
청산금 지급
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.

2...

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed on September 27, 198 with respect to the real estate listed in the separate sheet No. 1 (hereinafter “the apartment of this case”) on September 28, 198 under the name of I on September 27, 198. On August 13, 2012, the registration of ownership transfer was completed on September 14, 1999 in the name of the Plaintiff, D, E, E, F (hereinafter “Plaintiff, D, E, and F”) with respect to each of 3/11 shares in the name of I’s wife, and each of 2/11 shares in the name of the Plaintiff, D, E, E, and F (hereinafter “Plaintiff, et al.”).

B. On September 27, 2012, the Seoul Western District Court rendered a decision to commence compulsory auction on September 27, 2012 with respect to the share of 3/11 shares of J among the instant apartment buildings.

In the above compulsory auction procedure, H and G purchased 3/11 shares of J on September 11, 2013, and on September 16, 2013, the ownership transfer registration for 27/110 shares out of the apartment of this case was completed due to compulsory auction on September 11, 2013 in G’s name as to 3/110 shares, and as to 3/110 shares out of the apartment of this case.

C. 1) After I died, J independently resided in the instant apartment. On September 11, 2013, the shares of J on the instant apartment were transferred to H and G through auction as described in the foregoing Section B, the Plaintiff, et al., and three children, who were children, consented to the use of the J’s free possession of the entire apartment. 2) Accordingly, H and G, on October 22, 2013, filed a lawsuit seeking the payment of unjust enrichment equivalent to the rent from September 11, 2013, which acquired the partition of co-owned property and the shares of J on the instant apartment, against the Plaintiff et al. and three others.

On July 18, 2014, the above court shall sell the apartment of this case to H and G for auction and the remaining amount after deducting the auction cost from the proceeds thereof, to H and G for 3/11, and to the other three parties, respectively, at the rate of 2/11.

2. From September 11, 2013 to the date when the Plaintiff and three other parties lose the ownership of the instant apartment from the date of September 1, 2013, or from the date when the Plaintiff and three other parties occupy the said apartment, the amount calculated by the ratio of KRW 307,494 per month to H, and the amount calculated by the said ratio to KRW 307,

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