logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원서산지원 2011.12.16 2010가단8404
손해배상(기)
Text

1. As to each of the plaintiffs' KRW 9,900,000, the defendant 5% per annum from June 18, 2008 to December 16, 201, and this.

Reasons

1. Basic facts

A. As to the land of this case owned by Nonparty D, the Nonparty F applied for provisional attachment on September 6, 1996, with the claim claim amounting to KRW 39,00,000,000, and the provisional attachment registration was completed on September 6, 1996 (hereinafter “the provisional attachment registration”).

B. Since then, on December 12, 1996, a sectional ownership registration was made with respect to the instant land’s four multi-household housing (hereinafter “instant building” and “10 households”). At the time, on the instant building registry, the registration of indication of ownership right to the instant land (62.2/62 shares per each household) was made, and on the instant land registry, each registration was made to the effect that it is a site ownership in the instant land registry, and on the instant provisional attachment registration made before the registration of a site ownership, pursuant to Article 75-4(1) (Article 90(1) of the Regulations on the Registration of Real Estate (Article 90(1) of the current Act), the “an indication of a site ownership right to the instant land” in the column for “an indication of land ownership” in the instant building registry.

C. On April 10, 2004, the Defendant sold No. 401 of the instant building Nos. 401 of the instant building to Plaintiff B, and No. 402 of the instant building to Plaintiff A (hereinafter “each of the instant sales”), and completed each registration of ownership transfer on April 21, 2004.

With respect to the land of this case, on November 12, 2007, the decision to commence compulsory sale by this court was made on November 12, 2007, and the land of this case was sold to Nonparty H and third parties on May 29, 2008 at the above auction procedure, and the land of this case is not the site ownership of the building of this case, and the plaintiffs lost their right to own the land of this case (hereinafter "each site right of this case"), and on June 18, 2008, the registration of ownership transfer was made on the land of this case due to a compulsory sale by official auction.

E. The above H et al. against the plaintiffs and sectional owners of the building of this case as the court 2009 Ghana86000, constituted unjust enrichment constituting usage fees of the land of this case.

arrow