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(영문) 서울북부지방법원 2018.09.20 2018나32577
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff’s share of 547.6 square meters in Dongdaemun-gu Seoul Metropolitan Government E-dong (hereinafter “E-dong”) was divided into 1,672.4 square meters in F 2,67.8 square meters in size and Rbub 467.8 square meters in size, Sbub 81.9 square meters in size, and Tact 2,974.9 square meters in size through a merger with Tact 22.8 square meters. The Plaintiff’s share of 547.6 square meters in size in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “E-dong”) was established on March 30, 201 pursuant to the Act on Special Cases Concerning the Partition of Co-Owned-Owned Land (hereinafter “Co-Owned Land Partition Act”), such as the survey result indicated in attached Table 1, which was divided into 547.6 square meters in size and 188 square meters in size, and accordingly, the transfer registration was made on the Plaintiff’s share of 46.57 percent in the future 57/1646/7/1/67/6.7.6.7.4

B. On March 28, 2007, Defendant C acquired shares in the instant land and the ownership of the building on its ground. Defendant C purchased shares of 4.9/547.6 of the instant land and shares of 2.6/15 of the shares on the instant land from I, and completed the registration of ownership transfer on April 25, 207 after dividing the building with 4.9/547 of the instant land (section 2 of the Division Protocol 2 of the instant land) and the building with 101.9m2 of the JJ, 107, and completed the registration of ownership transfer on April 25, 207. After the Defendant C acquired shares of 11.6/6 of K on December 27, 2007 and all shares of 2.6/17.6/6 of L’s shares on September 29, 2014 and shares of 1.5/6/7.6/75 of the shares on the instant land from 20.6/7.6/7.6/7.6/15 of the Defendants

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