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(영문) 서울동부지방법원 2015.04.10 2014가단119165
부당이득금
Text

1. The Plaintiff:

A. Defendant B’s KRW 1,004,649 as well as 5% per annum from July 20, 2014 to April 10, 2015.

Reasons

1. Basic facts

A. On December 19, 2003, the non-party G completed the registration of ownership transfer on December 19, 2003, the non-party G completed the registration of the establishment of a neighboring mortgage of KRW 384,00,000 on the same day to the National Agricultural Cooperative Federation.

B. After the completion of the registration of the establishment of the above neighboring mortgage, G completed the construction of the building and the building on the instant land by constructing the Halle, a multi-household 5th floor of reinforced concrete structure, on the instant land (hereinafter “instant aggregate building”).

However, even after the completion of the above construction, the aggregate building in this case remains unregistered, and each registration of preservation of ownership has been completed in G in the future due to the entrustment of provisional attachment registration on February 8, 2007.

C. On April 27, 2009, the Plaintiff purchased the instant land at the Busan District Court I auction procedure for real estate rent, which was conducted at the request of the National Agricultural Cooperative Federation of the said mortgagee, and completed the registration of ownership transfer on May 1, 2009.

The plaintiff filed a lawsuit against G against "the removal of the instant aggregate building and delivery of the instant land" as Busan District Court Decision 2009Kadan144711, and the above judgment became final and conclusive around that time after winning a favorable judgment on April 15, 2010.

E. The Defendants acquired ownership of a part of the instant condominium building as follows.

1) On July 24, 2013, Defendant B is a building listed in attached Table 1 (hereinafter “instant building”).

(2) On February 10, 2014, Defendant C purchased a building listed in the separate sheet No. 2 (hereinafter “instant building”) from K and completed the registration of transfer of ownership on February 13, 2014. On May 13, 2013, the said K purchased the said building from the auction procedure for real estate rent (JJ) and completed the registration of transfer of ownership on May 28, 2013.

3 Defendant D shall be attached to August 21, 2013.

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