logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.05.02 2016가합57366
부당이득금
Text

1. The Plaintiff (Counter-Defendant) shall share B with the Counterclaim Plaintiff Co., Ltd., a company with the size of 980 square meters in Nam-si, Namyang-si.

Reasons

A principal lawsuit and a first and second counterclaim shall be deemed to be filed together.

1. Basic facts

A. On January 11, 2007, the non-party Pakistan Co., Ltd. (hereinafter referred to as the "MMM") purchased the E-road parking lot of 980 square meters (hereinafter referred to as the "instant land") from the Korea Land and Housing Corporation, Namyang-si, Nam-si, Seoul, without completing the registration of transfer of ownership, and upon obtaining approval from the head of the Seoul Regional Headquarters of the Korea National Housing Corporation on March 6, 2008 for the use of the instant land on March 26, 2008, the non-party corporation obtained a building permit from the Nam-si in order to construct the building of the reinforced concrete commercial building (the second and fourth underground floors, the building area of 4,859 square meters, the building area of 4,94.73 square meters on the instant land; hereinafter referred to as the "instant building").

B. Pakistan commenced the new construction of the building of this case on May 15, 2008, but the new construction of the building of this case was due to financial difficulties in the new construction.

After that, on July 28, 2008, Pakistan transferred all the enforcement rights concerning the construction and sale of the instant building to Nonparty F, G, etc., who is the buyer of the instant building, on July 28, 2008. Nonparty H (hereinafter “H”) established by the buyer of the instant building, transferred all the above enforcement rights taken over to Nonparty F, etc. on April 201, re-transfer the said construction rights to Nonparty F, etc. to Nonparty F, etc., and the Counterclaim B resumed and completed the construction of the instant building.

C. Since the purchase and sale contract of Pakistan on January 11, 2007, the registration of ownership transfer in the name of the Korea Land and Housing Corporation was completed on March 19, 2010, while the registration of ownership transfer in the name of the Korea Land and Housing Corporation was not completed due to the delay in cadastral adjustment, etc. of the Korea Land and Housing Corporation. The registration of ownership transfer was completed in the name of the Korea Land and Housing Corporation on March 19, 2010. On December 29, 2011, in lieu of Pakistan on behalf of the Republic of Korea on the ground of the default of local taxes of Pakistan, the above land was seized on the same day after the registration of ownership transfer in the name of Pakistan on the ground of the above sale and sale contract was completed.

arrow