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(영문) 서울동부지방법원 2016.05.13 2015나22627
부당이득금
Text

1. The defendants (appointed parties) and the designated parties that exceed the amount ordered to be paid under the judgment of the court of first instance.

Reasons

1. Basic facts

A. G completed the registration of ownership transfer on December 19, 2003, G completed the registration of ownership transfer with respect to F. F. M. F. 687 square meters (hereinafter “the instant land”), G completed the registration of establishment of a mortgage over the maximum debt amount of 384,000 won to the National Agricultural Cooperative Federation on the same day.

B. After the completion of the registration of the establishment of the above neighboring mortgage, G completed the construction of the Halle Building and the Nab Building (hereinafter “instant condominium building”) on each of the instant land, which is a multi-household building of 5 floors of reinforced concrete structure, around 2006.

However, even after the completion of the above construction, the aggregate building in this case remains unregistered, and each registration of preservation of ownership has been completed in G in the future due to the entrustment of provisional attachment registration on February 8, 2007.

C. On April 27, 2009, the Plaintiff purchased the instant land at the Busan District Court I auction procedure for real estate rent, which was conducted at the request of the National Agricultural Cooperative Federation of the said mortgagee, and completed the registration of ownership transfer on May 1, 2009.

The plaintiff filed a lawsuit against G against "the removal of the instant aggregate building and delivery of the instant land" as Busan District Court Decision 2009Kadan144711, and the above judgment became final and conclusive around that time after winning a favorable judgment on April 15, 2010.

E. The Defendant and the designated parties acquired ownership of a part of the instant aggregate building as follows.

1) On July 24, 2013, Defendant B is a building listed in attached Table 1 (hereinafter “instant building”).

(2) On February 10, 2014, K purchased a building listed in the separate sheet No. 2 (hereinafter “instant building”) from K and completed the registration of transfer of ownership on February 13, 2014. On May 13, 2013, K purchased the said building from the auction procedure for real estate rent (J of Busan District Court) and completed the registration of transfer of ownership on May 28, 2013.

3 Appointed D shall be dated 2013.

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