logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.05.28 2012가단9259
부당이득금 반환
Text

1. The Plaintiff:

A. As from April 25, 2012, Defendant B:3,210,252; and

B. Defendant C is charged with KRW 6,490,873.

Reasons

1. Facts of recognition;

A. On September 14, 1995, the Seoul Western-gu Seoul Western-gu owners of G of 33 square meters, G of H of 36 square meters and K of J of 40 square meters and the owners of J of 36 square meters are newly constructed on the land of the said three lots of land, and completed the registration of preservation of ownership on November 15, 1995.

(G), I, and K's co-ownership 74.1/222.3). (b)

G on November 15, 1995, L. 44.46/22.3 of the instant building [the share of a building (the share of 29.64/222.3 of the share of 14.82/22.3 of the share of the G, which is part of the share of 14.82/22.3 of the share of 14.82/222 of the instant building] among the instant building, and ② the share of 3.6/33 of the said Fbu, and the share of 18.2/40 of the said Jbu 40 square meters [the share of 3.6/33 of the share of 33 square meters and the share of 18.8 square meters of the said Jbu 40 square meters (= the share of 3.6 square meters of 18.46 square meters of the instant building] registered for transfer of ownership on October 13, 1995].

I completed the registration of transfer of ownership on October 13, 1995 with respect to ① 29.64/22.3 shares (part of I's shares) of the instant building, ② 14.2/36 shares of the said H site, among the 36 square meters of the instant building, to G M on November 15, 1995.

C. (1) Of the instant building, the share in G and M (the total of 88.92/22.3 = 59.28/22.3 (G share) = 29.64/22.3 (M share)) and (2) the share in G (29.4/3) and the share in M (14.2/36) of the aforesaid F large scale 33 square meters, among the share in G (29.4/33) and the share in M (14.2/36) of the aforesaid H large scale 36 square meters, the joint creation of a mortgage was completed on December 13, 1995 with respect to the maximum debt amount of KRW 150 million, the debtor, G, M and mortgagee N.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).

G on January 23, 1996, a subsequent M, completed the registration of ownership transfer on the ground of sale on December 16, 1995 with respect to ① 44.46/222.3 shares of the instant building (the share of a building corresponding to 44.46m2 of the instant building, among part of the G shares), ② shares of 21.8/33m2 of the said F 33m2 (the share of a site corresponding to 44.46m2 of the instant building) among the said 33m2.

E. On June 20, 1996, part of the above three lots of land was partitioned and incorporated into a road.

2.3.

arrow