logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.06.16 2014나1445
부당이득반환
Text

1. The plaintiff's appeal and the plaintiff's claim extended in the trial are all dismissed.

2. Appeal;

Reasons

1. Facts of recognition;

A. On January 14, 1986, D completed the registration of transfer of ownership on the ground of sale as of February 14, 1985 with respect to the share of 43/792 (hereinafter “instant share of land”) among the E, Gyeyang-gu Incheon Gyeyang-gu (hereinafter “instant land”).

B. On January 14, 1986, G completed the registration of ownership transfer on the ground of sale on February 7, 1985, with regard to 301 (hereinafter “the instant condominium”) among the three-story neighborhood living facilities and offices (hereinafter “the instant condominium”) of the instant ground reinforced concrete structure and mentmen’s slab roof, and completed the registration of ownership transfer on the same day to F.

C. On January 15, 1986, F entered into a joint collateral agreement between the Seoul Trust Bank and the Seoul Trust Bank with respect to the instant land share and the building No. 301, the maximum debt amount of KRW 45 million, and completed the registration of the establishment of a new mortgage as of January 16, 1986 by the Gyeyang District Court No. 1521, Jun. 15, 1986.

The Plaintiff purchased the instant land shares and building No. 301 from F on February 4, 1987, and completed the registration of ownership transfer on the same day.

E. On December 22, 1987, Seoul Trust Bank applied for a voluntary auction on the building No. 301 of this case, and commenced the procedure of H real estate auction at the Incheon District Court, and I completed the registration of ownership transfer on March 26, 198 after winning the building No. 301 of this case on February 16, 198.

F. Defendant B completed the registration of ownership transfer on the grounds of sale as of October 10, 1995 with respect to the first half shares of the building No. 301 of November 9, 1995, and the remaining one-half shares of the building No. 301 of March 14, 2001, respectively, due to sale as of February 5, 2001.

G. The aggregate building of this case is a commercial building consisting of 14 sections above the ground and 3 floors above the ground, and is registered in the aggregate building ledger as approved for use on June 26, 1981, and 3 floors including the building of this case No. 301, Nov. 1, 1984.

arrow