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(영문) 수원지방법원안산지원 2015.10.23 2015가단108260
부당이득금
Text

1. The Defendant is the Plaintiff (Appointed Party) and the Defendant from February 10, 2014 to the Plaintiff (Appointed Party) and the Appointed Party B and C, respectively.

Reasons

1. Basic facts

A. The real estate listed in the separate sheet No. 1 (hereinafter “instant land”) owned 1/2 shares of D and E, and the real estate listed in the separate sheet No. 2 (hereinafter “instant building”) that is a multi-household building on the ground was owned by F, Nos. 101, 201, 202, and 301, G, No. 302, and H, respectively.

B. E and D asserted that, although F, G, and H did not have any title to possession of the instant land, they possess the said land by owning the said land, they did not have possession of the said land. On August 1, 2006, the Seoul Northern District Court 2006Da58322 filed a lawsuit for land transfer, etc.

On December 5, 2007, the court rendered a judgment on the above lawsuit that "E and D, F among the instant building on the ground of the instant land, Nos. 101, 201, 202, and 301, G, and H remove No. 302, and H remove No. 401, respectively, and deliver the said land at that time." The above judgment became final and conclusive at that time.

C. Since then, the compulsory auction procedure for E’s 1/2 shares out of the instant land was in progress. In the said compulsory auction procedure, the Plaintiff (designated parties; hereinafter “Plaintiffs”) and the appointed parties B and C (hereinafter “Plaintiffs”) purchased 1/2 shares of E on February 10, 2014, and completed the registration of transfer of shares on February 17, 2014 with respect to each of the instant real estate 1/6 shares.

Meanwhile, with respect to subparagraph 101 of the instant building, I completed the registration of ownership transfer on August 11, 2009 due to the sale by voluntary auction on August 5, 2009, and the J completed the registration of ownership transfer on November 24, 201 due to the sale on November 1, 201, and the Defendant completed the registration of ownership transfer on December 26, 201 due to the sale on December 16, 201.

As to subparagraph 202 of the instant building, K has completed the registration of ownership transfer on August 4, 2009 due to sale by voluntary auction on July 29, 2009, and the Defendant has sold on April 2, 2010.

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