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(영문) 서울북부지방법원 2019.08.13 2018나38766
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence 1-1, 2, Gap evidence 2-5, Gap evidence 7-1, 2, Eul evidence 16-1, 17, Eul evidence 1-1, 2-2, Eul evidence 3, 4, Eul evidence 5-1, and 5-2.

In order to manage B building in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant building”), the Defendant is an organization consisting of the sectional owners of the instant building, or their spouses and lineal ascendants and descendants representing the sectional owners, and the Plaintiff is the sectional owners of the Category D and E in the instant building.

B. The Plaintiff’s ownership acquisition 1) Of the instant buildings, D is 37.50 square meters in the contracted area (13.99 square meters in the leased area) and the registration of ownership transfer was completed under the name of F on January 18, 2007 for this reason on March 7, 2003. The Plaintiff purchased from F on January 16, 2018 and completed the registration of ownership transfer on February 21, 2018. 2) Of the instant buildings, subparagraph E of the instant building is 36.16 square meters in the contracted area (13.49 square meters in the leased area) and against this, the registration of ownership transfer was completed on March 7, 2003 in the name of G on February 2, 2005, and the Plaintiff purchased from G on October 16, 2016 and completed the registration of ownership transfer.

C. The second floor of the building in this case is divided into H through I units, and among which, among them, Lno datum and Mnoo datum in K, which was a lessee of a total of 76 units from J through I units, occupied and used 2,082.654 square meters in total, including the corridor part among the units of the above units (hereinafter “instant corridor”) by removing the partitions between the above units and combining the above 76 units by using the above 76 units.

(hereinafter referred to as 'J-I-K's total number of rooms and 76 units and above units, the sum of 2,082.654 square meters of the instant corridor is 'J-ho, etc. 76 units'.

The defendant shall have 76 Jho Lake, etc.

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