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(영문) 전주지방법원 2017.05.23 2015가단10181
부당이득금
Text

1. The defendant points out of the rooftop of the building indicated in the attached Form No. 14, 15, 16, 17, and 14 of the annexed Form No. 14.

Reasons

1. Basic facts

A. A. On January 24, 2003, a limited liability company E newly constructed a building indicating attached real estate (hereinafter “instant building”) and completed registration of preservation of ownership. The instant building is a multi-household multi-household multi-household house with one heading room (each heading 101, 201, 301, and 401) for each floor, and the area of each heading room is the same as that of each unit multi-household multi-household house with one heading room (each heading 101, 201, 301, and 401).

B. Nonparty F purchased No. 101 and 201 of the instant building from Limited Company E, and completed the registration of ownership transfer on October 11, 2004. Plaintiff A purchased the said No. 101 from F on November 16, 2005, Plaintiff B purchased the said No. 201 from F on July 20, 201, and completed the registration of ownership transfer, respectively.

C. On October 11, 2004, Nonparty H acquired ownership of the instant building 301 and 401; thereafter, Nonparty C sold each of them to Plaintiff C and the Defendant, and Plaintiff C completed the registration of ownership transfer as to the said No. 301 on November 27, 2013, and the Defendant completed each registration of ownership transfer as to the said No. 401 on August 24, 201.

Currently, on the rooftop of the building of this case (hereinafter referred to as the "Roof of this case") one prefabricated building (2.7m, vertical length 2.7m, height 2.5m, height 2.5m, usage 1st: 3,4, 19, 16, and 11 of the annexed drawings on the part connected with each of the points of 1,2, 17, 16, and 9.9m2 of the rooftop 1 stories attached hereto, and 9.9m2 of the water tank room of the rooftop 14, 15, 16, 17, and 14 of the same drawings, and one prefabricated building (a) connected each point of 14, 15, 16, 17, 14 and 14 of the annexed drawings are linked in sequence, 20m2 of the combined drawings, 10m2 of the combined drawings, 10m2, 14m2, 24m2, and 14m2, and 3.

E. Nonparty H is on the rooftop of this case during the period of possession of Nos. 301 and 401 of the instant building.

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