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(영문) 춘천지방법원강릉지원 2015.07.01 2014가단4183
부당이득금반환
Text

1. The defendant (Counterclaim plaintiff, the designated party) B, and the appointed party C are jointly and severally recorded in the separate sheet from the plaintiff (Counterclaim defendant).

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be filed together with the fact of recognition;

A. 1) The construction process of the building of this case was 1) the 37m2,063m2 in Gangnam-si was originally owned by Gangseo-si. Among the construction process of the building of this case, the 37m2,06m2, including the Defendant and the designated parties, were in possession of a part of the above land and formed the market without permission from December 1, 1966 to May 1967, the share transfer registration for the above land was completed in proportion to the area of possession for the convenience of registration. 2) these co-owners were selected as the head of the E market association around March 5, 1984 (hereinafter “the association of this case”). The E-Ga apartment (hereinafter “the building of this case”). The building of this case was constructed from Gangnam-si on March 30, 1984, and the building of this case was 1 to 27m2, 1984m2, 37m2, 1977 and 15m2,444.

3) According to the resolution of the association, the president of the association of this case F shall be G Co., Ltd. (hereinafter “G”) on June 4, 1984.

B) Around June 15, 1985, G provides a site between the above partnership and the above partnership’s site. G completes the building of this case at its own site by not later than June 15, 1985. 37 co-owners owned the whole building of the first floor and 5/6 of the second floor. G owned the remainder of the commercial building except the parking lot and the subsidiary facilities of the building among the underground floors, and the remainder of 1/6 of the 2nd floor and the remainder of 3th and the 55th apartment units of the 3rd and the 7nd floor. The above 37 persons agreed to cooperate in the sale of the building owned by G to a third party. G rights derived from this contract shall not be transferred to the third party without the approval of the above partnership, and G entered into a construction implementation contract with the purport that construction works shall not be subcontracted to a third party, unless the written approval of the said partnership is approved).

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