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(영문) 서울고등법원 2013.03.14 2012나78995
부당이득금반환 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The transfer of ownership as to the site and the Plaintiff’s co-ownership 1) Defendant D’s co-ownership on July 22, 2003, the Yangcheon-gu Seoul Metropolitan Government G large 934.3 square meters (hereinafter “instant site”).

On July 22, 2003, the registration of ownership transfer was completed on the ground of sale. 2) On November 5, 2004 with respect to the site of this case on November 5, 2004, each of the sectional sections listed in the separate sections in the separate sheet in the separate sheet in the separate sheet in the separate sheet 1 (hereinafter referred to as "the building of this case". When each of the sectional sections is individually named, registration was completed to the effect that it is a site right for the floor and the lake like "No. 1 of the second floor non-01 of the building of this case" (the share ratio is the same as the corresponding column in the separate sheet in the separate sheet), and on December 9, 2004, the registration was cancelled to the effect that it is the above site right.

3) Upon cancellation of the registration to the effect that it is a site ownership as stated in the above paragraph (2) of December 9, 2004, as to the shares of Defendant D with respect to the shares of 406.227/934.3 of the instant site, as to the shares of 450.615/934.3 shares, H, 51.589/93 shares, I, as to shares of 51.589/934.3 shares, and as to the shares of 25.869/934.3 shares, the registration of ownership in

4) With respect to each share in H, I, and J’s name as of December 14, 2004, the registration was completed each of the registrations to the effect that each share in the name of H, I, and J was a site ownership for each partitioned building (No. 201 to 602 of the second floor of the instant building) listed in attached Tables 4 through 10 of the attached Table 1.

5) On January 31, 2007, as to the share in Defendant D’s name 406.227/934.3 as stated in the above paragraph (3) of this Article, the registration of ownership transfer in the name of K was completed on January 22, 2007 due to a compulsory auction.

The plaintiff completed the registration of ownership transfer on February 21, 2008 with respect to the above shares in K's name on January 8, 2008.

L on December 4, 2009, with respect to the Plaintiff’s share 406.227/93.3 of 406.227/934.3, the registration of ownership transfer was completed on November 18, 2009 (Seoul Southern District Court’s protocol 2008Gahap2222) but the Plaintiff again completed the registration of ownership transfer on February 8, 2010.

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