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(영문) 대전지방법원 2017.02.09 2014가합106476
부당이득금
Text

1. The Plaintiff:

A. (1) Defendant B is 15% per annum from July 14, 2016 to the date of full payment, and 2) with respect to the amount of KRW 4,109,839.

Reasons

1. Presumed facts

A. N Co., Ltd. (hereinafter “N”) held 1,639,979/1,700,020 shares of MTM 17,000 square meters (hereinafter “the instant land”). The holders of N et al. held 1,658,393/1,700,020 shares among the instant land including N (hereinafter “N”) on April 19, 2010 and completed the registration of ownership transfer in the future of the Plaintiff on the same day.

B. On the ground of the instant land, a building is located, and the Defendants are those who acquire the ownership of the heading room (the same as the list of the attached buildings; hereinafter referred to as “heading room of this case”) listed in attached Table 1 following the building without a site ownership among the above buildings.

[Attachment 1] The date of the acquisition of the ownership of Defendant 1 B B P (P) No. 1: on May 15, 201, 201, Q1 (hereinafter “P No. 1”) Q2 (R) No. 3) on August 25, 1995, 4 E No. 1, T, and 2 U (hereinafter “S No. 3, etc.”) on June 30, 2010, 5, 5, 6 G 1, 199, 1, 2, 3, 5, 1, 1, 1, 1, 1, 3, 5, 1, 1, 1, 1, 1, 1, 1, 1, 3, 9, 1, 1, 1, 5, 1, 1, 3, 9, 2, 9, 1, 1, 2,0, 1, 9, 2, 1, 2, 9, 1, 3.

2. Determination on the cause of the claim

A. According to the facts of recognition as above, the Defendants occupy each subparagraph of this case’s land located on the ground of this case’s land from April 19, 2010, when the Plaintiff completed the registration of ownership transfer with respect to the Plaintiff’s shares in possession.

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