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(영문) 서울북부지방법원 2017.05.30 2016가단139015
부당이득금
Text

1. The Defendant’s KRW 24,575,016 for the Plaintiff and KRW 5% per annum from October 6, 2016 to May 30, 2017.

Reasons

1. Facts of recognition;

A. With respect to the Dongdaemun-gu Seoul and Dongdaemun-gu Seoul Metropolitan Government D Land (hereinafter “Before replotting”), E shared 232.7/736 shares, F, G, H, I, J, K, and K (hereinafter “F et al.”) with each other’s share of 503.3/736 shares.

Except E, the remaining co-owners newly built the three-story tenement house (hereinafter referred to as the “instant loan”) on the land before replotting and completed the construction on February 16, 1983.

B. On July 8, 1983, the land before replotting was replaced by the division rearrangement with the land of 764.9 square meters (hereinafter “instant land”) and the land of 351.4 square meters (hereinafter “exchangeed land”) in Dongdaemun-gu Seoul Metropolitan Government. After replotting, the land was located on the instant land, the land was located on the instant land, and the land subject to exchange was located at a place far away from the instant lending.

C. As to the instant land and the land to be exchanged, as in the above land before the replotting, E shared the shares of 232.7/736, F, G, H, I, J, and K in aggregate 503.3/736. The F and five others completed the registration of ownership transfer for the first buyer after completing the registration of ownership transfer in their names on March 8, 1983, as indicated below, as indicated in the following [Attachment], as to the instant land and the land to be exchanged, and the registration of ownership transfer was completed for the instant land and the land to be exchanged in the name of the first buyer from the F and five persons, as indicated below.

[ table] The details of the transfer of the loan of this case, site, and land to be exchanged at the time of initial sale, and the registration of ownership transfer was completed for each sale to the first buyer after the first buyer F et al. of the loan of this case and five persons, including F, were registered for the preservation of ownership of the house loan of this case.

The transfer registration name F and five other persons sell the loan of this case to the buyer. The loan of this case to the buyer.

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