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(영문) 서울북부지방법원 2017.12.15 2016가단127142
부당이득금
Text

1. Defendant B’s KRW 59,940,362 as well as 5% per annum from July 7, 2016 to December 15, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. At around 1974, the registration of ownership transfer was completed in Defendant B’s name on the 35 square meters of reinforced concrete in Seongbuk-gu Seoul Metropolitan Government and its ground, and on the 3st floor of the sloping roof (the 73.45 square meters of underground1 floor, 96.86 square meters of 10.72 square meters of 22 stories, 100.73 square meters of 3 stories, 100.73 square meters of 3 stories of 20.73 square meters of 3 stories of 23.1 square meters adjacent to the northwest of the above land, around 1975.

On the ground of Seongbuk-gu Seoul Metropolitan Government F land adjacent to the southwest-gu, Seoul, where three houses and hospitals (24.36 square meters on the underground1 floor, 79.34 square meters on the ground floor, 9.17 square meters on the second floor, 92.56 square meters on the third floor, 11.93 square meters on the rooftop) were located.

B. Of the land in Seongbuk-gu Seoul Metropolitan Government, 9 square meters and 20 square meters and 23.1 square meters among the land in Seongbuk-gu, Seoul were expropriated into a road in around 1994. The Seongbuk-gu Seoul Metropolitan Government G and F land were changed into 107 square meters in Seongbuk-gu Seoul Metropolitan Government (hereinafter “Defendant’s land”) and 125 square meters in F large scale (hereinafter “Plaintiff’s land”).

Around November 22, 1994, the former building also changed to three-story stores (36.75 square meters on the ground floor, 60.16 square meters on the ground floor, 64.02 square meters on the second floor, 64.03 square meters, 64.03 square meters on the third floor; hereinafter “Defendant building”). A building on the ground of the Plaintiff was also a three-story housing and hospital (4.36 square meters on the ground floor, 14.64 square meters on the 1st, 65.47 square meters on the 1st, 35.86 square meters on the 2nd, 58.86 square meters on the 2nd, 198.3 square meters on the 1st, 1994; 1.3 square meters on the 1st,45.3 square meters on the 1st,45.3 square meters on the 1st, 195 square meters on the 1st,53 square meters on the 194 square meters on the 3rd.

On August 13, 1996, the registration of transfer of ownership in the name of the plaintiff was completed on the ground of sale as of June 25, 1996.

On April 29, 2015, the registration of transfer of ownership in the name of the Defendants was completed due to the gift made on April 23, 2015 with respect to the Defendant’s land and building.

The shares of Defendant C 4.

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