logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.12.15 2014나18010
부당이득금
Text

1. The part against the plaintiffs, which orders payment under the judgment of the court of first instance, shall be revoked.

Reasons

1. Basic facts

A. On January 1, 1984, K and L were newly constructed the buildings of 2nd underground and 4nd underground as shown in attached Form 1, and around November 1984, the registration of preservation of ownership due to the commission of registration of application for compulsory auction and registration of 18.11 square meters of boiler rooms among the above buildings and 18.1 square meters of 1st underground and 18.12 square meters of the boiler room among the above buildings were completed in the future with K and L (each 1/2 shares).

(hereinafter referred to as “the first floor of the instant building”) B.

K and L have, thereafter, divided the 1st floor of the building of this case into 20 stores without an accurate survey, prepared a divided drawing indicating the number, location, and size of each of the stores, and sold the stores according to the divided drawing.

C. K and L indicated the size of the store No. 6 among the above 20 stores as 60.77 square meters in the dividing drawing (see the part affixed on the lower right side of the drawing in attached Form 2), and allocated shares of co-ownership 58.58/502.14, on December 27, 1985, K and L completed the registration of creation of mortgage in the future of the Promotion Mutual Savings and Finance Company (hereinafter “Promotion Mutual Finance Company”) with respect to the above co-ownership shares.

However, K and L again indicate the size of the store No. 6 as 60.77 square meters in another subdivision (see the part affixed and sealed as "(A)" at the lower right-hand side of attached Form 1 drawings). As to this, K and L assigned shares of 60.79/502.14 out of the 1st floor of the instant building and sold it to M, and completed the registration of ownership transfer for the above co-ownership on March 4, 1986, and thereafter, on March 4, 1986, the registration of ownership transfer was completed in the future of Plaintiff A on March 4, 1986.

E. However, on December 20, 198, the Korea Development Bank executed the above right to collateral security and completed the registration of ownership transfer based on the successful bid in its future with respect to the above 58.58/502.14 shares on December 20, 198, and completed the registration of ownership transfer in the first instance trial co-defendant D (hereinafter “D”) and Qua with respect to the above co-ownership.

arrow