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(영문) 서울남부지방법원 2017.02.08 2015가단51283
부당이득금
Text

The Plaintiff, Defendant B, Defendant C, Defendant C, and Defendant D, KRW 54,166, and KRW 564,818,818, respectively.

Reasons

Basic Facts

The details of the construction of the instant land-based building and the disposal of the building and the site are as follows: I on July 25, 1996, the Guro-gu Seoul Metropolitan Government H large of 64 square meters.

2. The land indicated in the list is called “instant land”

On January 26, 2006, the Guro-gu Seoul Metropolitan Government completed each registration of transfer of ownership with respect to J-17 square meters, and on the instant land, on August 6, 1996, the registration of creation of a neighboring mortgage was completed to the K Saemaul Treasury on the mortgage (hereinafter “instant collateral security”).

A) In around 1994, Guro-gu Seoul Metropolitan Government, L was paid with the amount of KRW 84 square meters, and N was paid with the amount of KRW 64 square meters and KRW 16 square meters, respectively. I and L are the husband of QI (the husband of QI).

A) A contractor filed an application for a building permit with the Guro-gu Office in order to jointly construct a multi-household housing (10 households) of the first and fourth floor above the ground on three lots, including the Guro-gu Seoul, H, M, and J. The Guro-gu Office made a building permit on December 2, 1996 on the condition that L shall pay in full the price for the non-refluence of the M site before the approval for the use of the building. Thereafter, Q will build a larger building including the non-fluence land, and accordingly I, L, M,O, P, and J (hereinafter “instant site”).

The design was modified to jointly construct multi-households (15 households), which are the aggregate buildings of the first and fourth floor above ground, and reported on December 20, 1996 with I, L, and N as joint owners. On December 23, 1996, Guro-gu Office accepted the report on December 23, 1996 on the condition that N should pay in full the price of non-construction of the O and P site before the approval for use of the building (hereinafter the changed building permit referred to as “instant building permit”).

A. Attached Form 15 households following the instant building permit

1. Multi-household housing entered in the list (hereinafter “instant building”) was completed around April 1997.

However, since the building of this case is not yet registered, it shall be specified by the permission items such as attached Form 1.

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