(영문) 서울고등법원 2017.01.25 2015나2063143

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(영문) 서울고등법원 2017.01.25 2015나2063143

양수금(부당이득금)

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1. Of the judgment of the first instance court, the part against the plaintiff corresponding to the money ordered to be paid under paragraph 2 below shall be revoked.

2...

Reasons

1. Basic facts

A. On March 18, 2008, B Co., Ltd. (hereinafter “B”) acquiring a part of the shares of B Co., Ltd. (hereinafter “B”) acquired the ownership of each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) as owned by the new bank (Seoul Bank Co., Ltd., Ltd., Ltd., and hereinafter “New Bank”); and individually, in accordance with the separate sheet, 45/100 shares of each of the instant lands (hereinafter “each of the instant lands”); and individually, in accordance with the separate sheet, 45/100 shares of each of the instant lands (hereinafter “instant land”; and in accordance with the separate sheet, 2007, Seoul High Court 2006Na83460, Dec. 28, 2007.

B. On April 1, 2008, B filed a provisional registration for the Plaintiff’s right to transfer ownership with respect to the Plaintiff’s share of 45/200 of the share of 45/100 of the share in each of the instant land in this case, on March 28, 2008.

C. (i) The current use of each of the instant lands is the land forming part of the roads, such as G apartment in Daegu-gu and its neighboring H building, I building, etc., and the roads, in the shape of a sloping (hereinafter referred to as the “instant sloping road”) in the area where each of the instant lands is located, and is used for the passage of the general public.

B. The land of this case is the site of the road on the side of the road, and the land of this case is the site of the road on the side of the road, and the land of this case is the site of the road on the north, and the land of this case is the site of the road on the same side of the road, which is the site of the road of this case on the side of the road.

B on August 22, 2013, the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the instant land owned by the Defendant without permission, and the assignment of the assignment of the assignment to the Defendant on the same day.

【Ground for recognition A】

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