(영문) 광주지방법원 2016.08.23 2015가단513324

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(영문) 광주지방법원 2016.08.23 2015가단513324

부당이득금

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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are the owners of each partitioned building listed in the separate sheet No. 2, which is a building of 602 square meters on land in Gwangju Northern-gu, Gwangju Metropolitan City.

(The defendant is the owner of the building No. 1, and the plaintiff is the owner of the building No. 2. The plaintiff is the owner of the building No. 2.

The construction process of the building of this case and the first registration process of the land and the building of this case, etc. 1) Yang Housing Development Co., Ltd. (hereinafter “Nonindicted Company”)

(2) Around 1982, when carrying out a project such as the creation of a housing site, construction of a new house, and sale of a housing site in a forest in Gwangju-gu E zone prior to the subdivision, the sale area of a housing site was at least 602 square meters, and two persons were to sell shares at least 50 percent, and the sale price was to be made to the purchaser of the land by newly building two houses on each housing site. (2) As a result of the sale of the instant land where the non-party company decided to sell the land in lots, the land of this case was allocated to the networkF and G2. Since then, each of the instant land 301/602 shares (1/2 shares) among the instant land, the ownership transfer registration of the net F and G name was completed.

3. The non-party company newly constructed the instant building on the instant land and completed the registration of ownership preservation in the name of the non-party company on February 25, 1985. The non-party company completed the registration of an aggregate building by dividing the instant building into the building No. 1 and No. 2.

C. Although the compulsory auction of the instant building due to the bankruptcy of the non-party company was conducted due to the non-party company's failure to register the ownership transfer to the networkF and G with respect to the building No. 1 and No. 2 due to the bankruptcy of the non-party company, the compulsory auction procedure was commenced, and G completed the registration of ownership transfer in its name with respect to the building No. 2 in the process

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