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(영문) 수원지방법원 2018.01.11 2017가단16606
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) 10,442,300 won and 15% per annum from June 3, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. On June 22, 2004, D completed the registration of ownership transfer on the ground of sale on April 6, 2004 with respect to the building, 25 square meters below 172.6 square meters below the land in Gwanak-gu, Seoul Special Metropolitan City (hereinafter “the instant land”) and its ground bricks and sagumen, and jubbbes and jus, sacle 25 square meters below 8 square meters below the ground, and 3 square meters below the ground before the destruction of the building (hereinafter “the building”).

B. On December 6, 2010, D completed the registration of the establishment of a joint ownership of the instant land and a building prior to its destruction as of December 6, 2010, 240,000 won with a maximum debt amount of 2,00,000 won, and the debtor E and the mortgagee

C. On February 22, 2012, fixed Construction Co., Ltd. applied for a compulsory auction against the instant land to Seoul Central District Court F, and the said court rendered a decision to commence compulsory auction on February 22, 2012.

In the above compulsory auction procedure, 1/2 shares among the land of this case were sold to the Plaintiff and G on September 20, 2012.

On October 22, 2012, the Plaintiff and G completed the registration of ownership transfer with respect to one-half shares of each of the instant land.

On the other hand, on December 30, 2013, registration of destruction was completed on November 10, 2010 on the ground of the Plaintiff’s subrogation application with respect to the building before destruction on December 30, 2010, and the registry was closed on the same day.

E. On October 16, 2014, upon receiving a request from the Seoul Central District Court H, the Plaintiff filed for a compulsory auction with the Seoul Central District Court H on the first and the second class neighborhood living facilities of the fourth class neighborhood living facilities of the fourth class above the ground (hereinafter “instant building”) and one unit of detached house (hereinafter “instant building”), which is a building for which approval for use was not granted under the Building Act on the ground of the instant land. On October 17, 2014, the registration of the compulsory auction commencement order was completed on October 17, 2014 by commissioning the registration of the compulsory auction commencement order.

In the above compulsory auction procedure, the instant building was sold to the Defendant on May 26, 2016, and the Defendant completed the registration of ownership transfer on the instant building on June 10, 2016.

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