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(영문) 수원지방법원 2020.05.19 2019나73345
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following amount ordered to be paid shall be revoked.

Reasons

Basic Facts

Attached Form

2. D and co-owners, on July 18, 2012, set up a collateral security (hereinafter “instant collateral security”) with respect to the instant land, which consists of KRW 1,186,900,000 of the maximum debt amount, the debtor D and the association of persons holding the right to collateral security, the maximum debt amount of which is KRW 611,00,000,000 of the maximum debt amount, and the debtor D and the association of persons holding the right to collateral security (hereinafter “instant collateral security”).

D On October 24, 2012, all co-owners' shares in the instant land were transferred to become a sole owner.

D After newly constructing multi-household housing (hereinafter “multi-household housing in this case”) on the instant land, D completed each registration of initial ownership by each household of each of the instant partitioned buildings, including each building listed in the list of annexed buildings 1 on July 9, 2013.

As to the land of this case on the same day, the registration of the right to a site for each of the separate sections of this case was made, and as to each of the separate sections of this case, the right to a site of this case was registered at the rate of 125.7916/3019 per each household with the land subject to the right to a site.

D sold each building listed in the order of Nos. 1 and 2 (hereinafter “G Dong H” and “I Dong H”) among each of the instant partitioned buildings to Defendant B and Defendant C, and completed the registration of ownership transfer with respect to G Dong H on November 14, 2013, and completed the registration of ownership transfer with respect to Defendant B on December 19, 2013.

On the other hand, on January 19, 2016, the FF union filed an application for voluntary auction with respect to the land of this case and rendered a voluntary decision to commence the auction to the Gunsan Branch K of the Jeonju District Court, and on the same day, the entry registration was completed.

On March 23, 2018, the Plaintiff was awarded a successful bid on the share of 1761.0824/30 of each of the lands of this case in the above voluntary auction procedure and acquired the ownership by fully paying the sale price on the same day.

Accordingly, May 9, 2018 of this case.

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