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(영문) 서울동부지방법원 2017.11.29 2017나72
부당이득금 반환
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. At the time of June 2, 200, 12 sectional owners indicated below, owned each section of exclusive ownership indicated as follows among the aggregate buildings with land, the object of which is a site ownership of X-678 square meters in Seongdong-gu Seoul Metropolitan Government (hereinafter “former Condominium”)

(hereinafter, “Co-owners at the time of June 2, 200.” The Defendant, No. 1101 P 8201 P 2102, No. 2102, the non-owner of the exclusive ownership and the non-owner of the exclusive ownership.

3. The E of 9 202 T 3 103 K 10 203

3. 4 104 A

11 U 204 No. 5 105 U 5 12205, V 6 106 G 13 206 G 13 206 H 14 207 L 14 207

B. At the time of June 2, 2000, the sectional owners at the time of the instant case on June 2, 2000 as to the head of Seongdong-gu Office with respect to the size of 678 square meters in Seongdong-gu Seoul Metropolitan City X large and the size of 110 square meters in Seongdong-gu AA large of 110 square meters in Seongdong-gu

1. A Dong apartment building (hereinafter “instant apartment building”) with a total of 18 households with 538 square meters of land, 538 square meters of land, 1st floor, 6th floor, and 18 units of land (hereinafter “instant apartment building”), 250 square meters of land, 250 square meters of land, 1st floor, and 5th floor above ground (hereinafter “instant commercial building”) as indicated in the area calculation table, and each of the above sites (538 square meters and 250 square meters of land) is constructed

2. On June 14, 200, an application for a building permit was filed with respect to the instant apartment and the instant commercial building with the content of dividing “the scheduled division line” into the boundary line, and obtained a building permit from the head of Seongdong-gu with respect to the said apartment and the instant commercial building.

C. On June 5, 2000, the registration of destruction of an aggregate building was completed, and on November 3, 2000, the registration of cancellation of ownership right was completed with respect to X-type 678 square meters in Seongdong-gu Seoul Metropolitan Government, and the registration of cancellation was completed with respect to the purport that it is a site right. As the registration of cancellation was completed, the procedure for co-owner’s share registration was completed with co-owner’s share registration as stated in the following table as co-ownership.

(hereinafter referred to as “the details of the instant shares”). Defendant 1 P 30/218 L 16/218 7 L 16/218 2 E 30/218 (hereinafter referred to as “the instant shares”).

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