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(영문) 서울고등법원 2017.09.22 2016나2026486 (1)
부당이득금반환
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. Basic facts

A. At the time of June 2, 200, 12 sectional owners entered the following table “owner” owned each section of exclusive ownership on the following table among the aggregate buildings with land, the object of which is the site right of Seongdong-gu Seoul, Seongdong-gu, Seoul, as of June 2, 200, for the aggregate buildings (hereinafter “former aggregate buildings”).

(hereinafter) The Defendant (No. 101 Q 8201, Q2102, Q2102, which was the non-owner of the exclusive ownership at the time of June 2, 2000). The Defendant of the Republic of Korea, No. 101, Q201, Q2102, as the owner of the exclusive ownership.

3. 9 202 G Plaintiff

7. 3 N 103 N 103 K 203

3. The plaintiff of 4 104 L 11 204 V 5 105

1. 12 W 205, W 6 106 B

2. 13 206 C Plaintiff

3. 7O 107 M 14 207

B. At the time of June 2, 2000, the sectional owners as of June 2, 2000 with respect to the head of Seongdong-gu Seoul Ygi 678§³ and the AB large AB large 110§³ (at the time of ownership of petroleum corporation) in Seongdong-gu Seoul, with respect to the head of Seongdong-gu on June 2, 20

2. A Dong apartment building (hereinafter “instant apartment building”) with a total of 18 households with 538 square meters of land, 538 square meters of land, 1st floor, 6th floor, and 18 units of land (hereinafter “instant apartment building”), 250 square meters of land, 250 square meters of land, 1st floor, and 5th floor above ground (hereinafter “instant commercial building”) as recorded in the area calculation table, and each of the above sites (538 square meters of land and 250 square meters of land)

3. On June 14, 200, an application for a building permit was filed with the head of Seongdong-gu with respect to the apartment of this case and the commercial building of this case on the following contents:

C. At the time of June 2, 2000, the sectional owners destroyed the previous aggregate building on June 5, 200, and completed the procedure for registration of cancellation of ownership right to the land of Seongdong-gu Seoul on November 3, 200, Seongdong-gu on the registration of cancellation of ownership right to the land of Seongdong-gu, Seoul on November 3, 200, and completed the procedure for registration of co-owners' shares in co-ownership as stated in the column of “shares” as listed below

(hereinafter referred to as “the details of the instant shares”). Defendant 1 Q 30/218, Q 30/218, the ownership of which was non-shared by the owner of the instant shares, is between Q 130/218 and K 30/218

3. 8 G 15.

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