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(영문) 부산지방법원 2016.02.24 2015가단205860
부당이득반환청구 등 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff owned the instant land 2 lots, apartment lots, etc. 1) the Plaintiff is a school site A, 276m2, and 5,826m2 (hereinafter “two lots of land in this case”).

3) On the ground, 1) multi-family housing of the size of the 14th underground floor and the 14th ground (hereinafter “instant apartment housing”).

(2) On February 19, 199, the Plaintiff newly built a new ownership registration on each of the instant apartment units, which are an aggregate building, only the ownership registration on each of the instant apartment units, was made, and the ownership registration on two parcels of the instant site was not made.

B. 1) The non-party D, a creditor of the plaintiff, applied for a compulsory auction for the apartment of this case ( Daegu District Court racing support E) on August 3, 2004. The auction court rendered a decision to commence the auction on August 3, 2004. Separately, D applied for a compulsory auction for two lots of land of this case (FFF) on August 10, 2004, and joined the above two auction cases on the same day (hereinafter referred to as "auction of this case").

2) According to the market value appraisal of the auction procedure of this case, each of the appraisal amounts of Nos. 413 and 411 of the apartment of this case including a site ownership was confirmed to be KRW 38,000,000 (land price of KRW 11,40,000, building price of KRW 26,600,000) respectively.

3) On May 8, 2008, the auction court conducted an auction procedure for the part of the instant apartment (building) with each of the appraisal of KRW 26,600,00 as the respective minimum sale price for each of the instant apartment (building) Nos. 413 and 411, and KRW 16,133,000 (based on the minimum sale price (based on KRW 13,034,000 after two failed inspections) of the instant apartment (building Nos. 411) as the respective auction price for each of the instant apartment (based on the minimum sale price of KRW 9,124,000). G completed each registration of ownership transfer after receiving each auction for each of the instant apartment items Nos. 413 and 411,50,00 (based on the minimum sale price of KRW 9,124,000 after three failed.

5) Of the two parcels of the instant site, the share ratio corresponding to the instant apartment Nos. 413 and 411 is 59.46/146/14639.76, respectively. C. The Plaintiff is a non-party on January 30, 2013.

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