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(영문) 수원지방법원 2017.05.25 2016나73474
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff participated in a bid for 6.6116F shares in the total amount of 6.616F shares (hereinafter “instant land shares”) of 4731 square meters (hereinafter “instant land”) among the subject matter of the Seoul Western District Court, Seo-gu District Court, Seoul Metropolitan City, Yongsan-gu, 4731 square meters (hereinafter “instant land”) and acquired ownership in full and in full on July 22, 2015.

B. On 1974, Hyundai Construction Co., Ltd. newly constructed the Yongsan-guG and H ground I (hereinafter “instant apartment”) both between the instant land, which was used as an original contribution, and purchased the instant land together. After the completion of the instant apartment, it allowed residents to use the instant land as an passage within the apartment complex.

C. In order to remodel the apartment complex of this case around 2004, the owner of the apartment of this case formed a “J apartment remodeling association” comprised of approximately 575 owners of the apartment of this case among approximately 710 owners of the apartment of this case (hereinafter “J apartment remodeling association”), and decided to purchase the land of this case from Hyundai Construction in proportion to the share of apartment ownership and use it for the remodeling project.

According to the above resolution, J apartment remodeling partners purchased the instant land from November 2004 to February 2, 2005 at KRW 280,000 per square year, and completed joint registration according to each member’s apartment co-ownership.

Accordingly, the land of this case remains as co-ownership of J apartment remodeling partners and modern construction.

Nonparty F, a former owner of the instant land share, acquired the instant land share from Hyundai Construction around this time.

E. Meanwhile, J apartment remodeling Cooperative purchased No. 11 and No. 1201 of the apartment of this case owned by F on December 27, 2007 at the compulsory auction procedure. The Defendants purchased the above No. 1201 from the said remodeling Cooperative on January 21, 2008 and completed the registration of ownership transfer on March 25, 2008.

F. The land of this case was decided on March 23, 2006.

(g)...

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