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(영문) 울산지방법원 2014.11.28 2013가단36674
부당이득금반환
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 25, 1989, Nonparty G sold 2,191,560 square meters (hereinafter “the instant site”) from Ulsan-gun, Ulsan-gun, Ulsan-gun to KRW 2,196.4 square meters, and upon paying KRW 2,00,000 among them, obtained a new construction permit for multi-household housing on the ground of the instant site on October 26, 1989.

B. On May 27, 1993, the Plaintiff acquired the status of the buyer from G, and changed the name of the above multi-household house building permit on June 3, 1993 to the Plaintiff. On September 14, 1993, the Plaintiff completed the construction of multi-household house and completed the registration of preservation of ownership.

(hereinafter referred to as the "multi-household house of this case").

However, with respect to the site of this case, the plaintiff paid the remaining 191,560 won in full and issued a written request for registration concerning the site of this case from Ulsan-gun around July 11, 1994, but did not register the ownership transfer due to the execution of creditor's right to claim for transfer of ownership. The registration of Ulsan District Court on July 31, 2013 and the registration of transfer of ownership was made on July 15, 1997 due to the transfer of rights from Ulsan District Court No. 76280, receipt of the claim for transfer of ownership. On the same day, the registration of Ulsan District Court was completed on May 25, 1989 and the registration of transfer of ownership was completed on the ground of sale on July 30, 2013.

Meanwhile, the Defendants acquired ownership of each section of exclusive ownership of the instant housing as follows.

(1) Defendant B acquires No. 101 as of September 26, 2008, No. 202 as of September 24, 2008, No. 203 as of September 26, 2008, and No. 203 as of September 26, 2008, and completed each registration of ownership transfer on October 6, 2008.

Luxembourg acquired on November 22, 2007, Defendant C’s instant housing No. 102, and completed the registration of ownership transfer on January 28, 2008.

【Defendant D’s instant housing 103 acquires by public sale on November 22, 2007, and completed the registration of ownership transfer on February 25, 2008. On November 30, 2011, Defendant E is due to trade.

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