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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 2014.07.15 2012가단67112
부당이득금반환
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On around 1980, the Plaintiff constructed five AF apartment units (hereinafter “AF apartment”) with 196 households (hereinafter “AF apartment”) on five parcels, including the Seo-gu AE large AE and 601.8 square meters (hereinafter “the instant site”), which is a land improvement project area, on five parcels, including the land improvement project area. The Plaintiff constructed AF apartment 8 units on the instant site.

B. The 1,405/2,414 shares in the instant land were owned by AG, 1,009/2,414 shares, respectively. The Plaintiff borrowed money from AF apartment with AH, etc. to raise the construction funds of AF apartment. On June 30, 1980, the Plaintiff made a provisional registration of the Plaintiff’s right to claim ownership transfer registration with respect to the Plaintiff’s shares in the name of AH and four other than AH, but did not repay the said money. The above AH and four others were the Plaintiff’s shares in the same year.

9. On July 1, 1996, an AI completed the registration of ownership transfer under its name, and an AI acquired the entire shares of the instant site by October 8, 1999 through the transfer of shares over several times from July 1, 1996 and the procedure for cancelling the title trust.

C. The Plaintiff completed and sold AF apartment around 1982, but the Plaintiff could not complete the registration of ownership transfer as to the instant building site to the buyer on the wind that the Plaintiff could not secure ownership in the name of the Plaintiff as to the instant building site as stated in the foregoing B.

On August 24, 2006, the Plaintiff filed a lawsuit against AI seeking the implementation of the procedure for ownership transfer registration based on the restoration of the true title of the instant site, and received a favorable judgment at the appellate court on August 24, 2006. On August 18, 2008, the Plaintiff completed the procedure for ownership transfer registration in the name of the Plaintiff on the share of 2385.18/2414 of the instant site.

E. The Defendants owned each of the AF apartment No. 8 constructed on the instant land (Defendant Q, X, and net R is the buyer of the AF apartment and the remaining Defendants were transferred apartment from the buyer) and the instant site is the site of AF apartment No. 8 site, parking lot, parking lot, ma, flower, passage, etc.

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