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(영문) 대구지방법원 2016.08.11 2016나1746
부당이득금반환
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. Basic facts

A. 1) The Defendant’s procedure for the voluntary auction of real estate C with Daegu District Court Port Division C (hereinafter “instant auction procedure”).

(1) On June 30, 2009, 200 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20

2) Each building listed in paragraphs 1 and 2 of the attached table No. 1 and 2 (hereinafter referred to as “building No. 1” and “Building No. 2”) constructed on the ground of land No. 1,782/2 and 112 among the shares;

5/12 shares among the 5/12 shares, 3 202 m22 m2 in Northern-gu, Northern-si (hereinafter referred to as “2 land”).

(4) 30 square meters in Northern-gu, Northern-si (hereinafter referred to as “third land”) in each port.

(5) 2nd floor buildings of reinforced concrete structure built on the ground of land Nos. 1, 2, and 3 (hereinafter referred to as “third building”).

2) The Defendant, the Plaintiff, and H sold buildings Nos. 1 and 2 to I and completed the registration of ownership transfer on November 7, 2014.

B. The total area of the buildings No. 1 and 2 is 102.42 square meters (5.84 square meters on the building ledger of the building No. 1) and the area corresponding to the Defendant’s share ratio is 42.675 square meters (102.42 square meters x 5/12), and the area corresponding to the Plaintiff’s share ratio is 34.13 square meters (102.42 square meters x 4/12).

C. From June 30, 2009, the Defendant, from around June 30, 2009, occupied and used the part of (A) and 27.2m2, (b) part of (A), 26.4m2, and 24.5m2, and H, the part of (c) of the attached drawing.

On the other hand, monthly rent of Nos. 1 and 2 buildings is 36,00 won.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 3 (including numbers; hereinafter the same shall apply), the result of the survey conducted by the AppellateJ of the first instance court, the purport of the whole pleadings

2. The plaintiff's cause of claim and judgment

A. The first building that causes the plaintiff's claim falls under (a), (b), and (2) of the annexed Form No. 1, and the annexed Form No. 2 shall fall under (c) and (d).

However, the defendant's accompanying drawings (A).

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