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(영문) 서울중앙지방법원 2018.02.21 2017나34614
부당이득금
Text

1.The judgment of the first instance, including the plaintiff's claim expanded and reduced in this Court, shall be modified as follows:

Reasons

1. Grounds for a court to accept a judgment in the first instance and one-one of the grounds for a judgment in the first instance;

(a) by modifying the “48.44/707 shares” in the second part of paragraph 1 to “48.44/704 shares,” and 1-1;

(a) the second sentence of paragraph (2) is “attached Form 1”, and the fourth sentence of the same paragraph is amended to “AV”, respectively, and 3-1;

(b) 2) in the second part of paragraph 2, the term “48.44/707 shares” as “48.44/703 shares”; the term “collective building registration store” in the third part of the same paragraph as “collective building register”; and 4. [Attachment “non-contentious facts” in the front of “Evidence A through 3” in the ground for recognition, and 5.2

C. (2) Except for the addition or amendment as mentioned in the following paragraph (2), it is identical to the reasons for the first instance judgment, and therefore, it is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act. 2. The prohibition of separate disposal under the main sentence of Article 20(3) of the Act on the Ownership and Management of Aggregate Buildings provides that the prohibition of separate disposal under the main sentence of Article 20(2) of the Act on the Ownership and Management of Aggregate Buildings shall not be asserted against a third party who has acquired real rights in good faith unless the purport thereof is registered. Here, the third party’s column of “a bona fide”, which cannot be asserted against the prohibition of separate disposal, refers to a third party who has acquired land which is the object of the right to use the site, in principle, is a site of an aggregate building (see, e.g., Supreme Court Decisions 2009Da26145, Jun. 23, 2009; 2010Da71578, Jan. 17, 2013).

In other words, the sum of the site ownership ratio for the whole aggregate building is one of the following circumstances, which can be recognized by integrating the aforementioned facts and each statement in Gap evidence Nos. 1 through 5.

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