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(영문) 의정부지방법원 2014.12.11 2014나5211
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiffs received a successful bid of each 16550/70500 shares of 705m2 (hereinafter “instant land before the instant partition”) of the 705m2 (hereinafter “the land before the instant partition”) from Suwon District Court, Sung-gu, Sungnam District Court E in the auction of real estate rent E, and completed the registration of ownership transfer for each of the said shares on April 22, 2013.

B. As shown in the attached Form 2, F.M. 1,830 square meters (hereinafter “first unit site”) exists in contact with one side of the land prior to the instant partition, and Gjra 1 Dong (hereinafter “first unit building”) is constructed on that ground. There is a H. 2,060 square meters (hereinafter “second unit site”) adjacent to the opposite side of the land prior to the instant partition, and there is a Gara 2,060 square meters (hereinafter “second unit building”) and a 3 Dong (hereinafter “third unit building”) on that ground.

C. The first building consists of 30 households’ exclusive ownership, the second building consisting of 24 households’ exclusive ownership, and the third building consisting of 12 households’ exclusive ownership. The Defendant (Appointed Party) and the designated parties are the 10 households’ sectional owners among the first building.

The land before the instant partition was divided into the size of D road 225 square meters, I roads 149 square meters, J roads 331 square meters in accordance with the decision of recommending reconciliation in June 12, 2014, as shown in the attached Form 3, pursuant to the Suwon District Court Choyang-gu 2013Gadan106909 Co., Ltd., which was located in Suwon District Court, and the land before the instant partition was divided into the size of 331 square meters in proportion to the shares of the remaining co-owners of the said J-road 331 square meters in the land of the said three parcels on August 25, 2014, the Plaintiffs completed the registration of the transfer of shares based on the said decision of recommending reconciliation, and thus owned 1/2 shares

【Ground for Recognition】 Facts that there is no dispute between the parties to the dispute, Gap evidence Nos. 1, 2, 3, and 5 (including the number of branches), Eul evidence Nos. 1, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiffs asserted that they are the first building.

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