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(영문) 서울고등법원 2016.10.20 2016나10737
부당이득금반환 등
Text

1. Of the judgment of the first instance, Defendant C, F, and E are revoked, and the Plaintiff’s claim against Defendant C, F, and E is dismissed.

Reasons

1. Basic facts

A. The transfer of ownership as to the site and the Plaintiff’s co-ownership 1) Defendant D’s co-ownership on July 22, 2003, the Yangcheon-gu Seoul Metropolitan Government G large 934.3 square meters (hereinafter “instant site”).

On July 22, 2003, the registration of ownership transfer was completed on July 2, 2003. 2) On November 5, 2004 with respect to the instant site, each of the partitioned sections listed in the separate sheet (hereinafter collectively referred to as the “instant building,” and when each of the partitioned sections is individually named, registration was completed to the effect that it is a site right for the above floor and the lake, such as “Ground 2 non-01”, and on December 9, 2004, the registration was revoked.

3) Upon cancellation of the registration to the effect that it is a site ownership as stated in the above paragraph (2) of December 9, 2004, as to the shares of Defendant D with respect to the shares of 406.227/934.3 of the instant site, as to the shares of 450.615/934.3 shares, H, 51.589/93 shares, I, as to shares of 51.589/934.3 shares, and as to the shares of 25.869/934.3 shares, the registration of ownership in

4) With respect to each share in H, I, and J’s name as of December 14, 2004, the registration was completed separately to the effect that each share in the name of H, I, and J was a site ownership for each partitioned building (No. 201 to 602 of the second floor) listed in the attached Table 4 through 10.

5) On January 31, 2007, as to the share in Defendant D’s name 406.227/934.3 as stated in the above paragraph (3) of this Article, the registration of ownership transfer in the name of K was completed on January 22, 2007 due to a compulsory auction.

The plaintiff completed the registration of ownership transfer on February 21, 2008 with respect to the above shares in K's name on January 8, 2008.

L on December 4, 2009, with respect to the Plaintiff’s share 406.227/934.3, 191.672/934.3 of the Plaintiff’s share 406.27/934, the registration of ownership transfer was completed on November 18, 2009 (Seoul Southern District Court’s protocol 2008Gahap2222). However, the Plaintiff completed the registration of ownership transfer on February 8, 2010 for the portion above L’s title due to the restoration of real name.

B. Transfer of ownership concerning a sectioned building 1.

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