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(영문) 수원지방법원 2019.04.17 2018나69448
부당이득금
Text

1. Of the judgment of the first instance, the part regarding Defendant E, F, G, and I shall be revoked.

2. The Plaintiff, Defendant E, F, and G are jointly and severally liable for damages incurred by the Plaintiff.

Reasons

1. Basic facts

A. Seongbuk-gu K 105 square meters (hereinafter “instant land”) and its ground buildings were owned by L. However, on June 20, 2003, the instant building on the instant land was converted from multi-household to multi-household apartment buildings (hereinafter “instant aggregate building”) and at the same time, the instant land was registered for ownership transfer in M’s name. The instant aggregate building was divided into six and five households, and the ownership transfer registration was completed in each buyer’s name on June 30, 2003.

B. After November 6, 2014, the registration of transfer of ownership in the name of the Plaintiff was completed on the ground of public sale on the instant land.

On March 25, 2016, the registration of ownership transfer was completed in the name of Defendant B from the name of P on March 25, 2016.

On March 25, 2016, the registration of ownership transfer was completed in the name of Defendant C and D with respect to each one/2 shares in Q of the instant aggregate building from the R on March 25, 2016.

On June 10, 2016, the registration of ownership transfer was completed in the name of Defendant E, F, G, and H with respect to each of the 1/4 shares in the instant aggregate building S.

On October 18, 2016, the registration of ownership transfer was completed in the name of V with respect to U of the instant aggregate building.

With respect to the instant condominium W, on December 20, 2016, the registration of ownership transfer was completed in the name of Defendant I from X on December 20, 2016.

With respect to the instant aggregate building Y, from July 1, 2016, the registration of ownership transfer was completed in the name of the Z in the name of the defendant J.

C. Meanwhile, the Plaintiff filed a lawsuit against T, P, R, X, Z, and V seeking the payment of unjust enrichment equivalent to the land rent for the instant land by the competent court 2014 Ghana3524. On November 19, 2015, the instant court paid KRW 452,50, P, and R each month from September 12, 2014 to the time of delivery of the instant land to T, etc., under the premise that the legal superficies exists to T, etc. on November 19, 2015, the Plaintiff paid KRW 208,00,00, respectively, for P, and R, KRW 452,50, for each month, from September 12, 2014 to the time of delivery of the instant land to the Plaintiff.

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