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(영문) 서울서부지방법원 2018.02.21 2017가단3959
부당이득금반환
Text

1. The Defendant’s KRW 42,007,661 as well as the Plaintiff’s KRW 5% per annum from December 16, 2016 to February 21, 2018.

Reasons

1. Facts of recognition;

A. On March 8, 191, 191, the land of Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul (hereinafter “the land of this case”) was divided and registered, and the ownership transfer registration was made to Non-party D. The land of Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul (hereinafter “the land of this case”) was divided into co-owned property on July 21, 1994, and the ownership transfer registration was made to the said D.

B. Meanwhile, on the other hand, the registration of ownership transfer was completed on December 24, 1991 with respect to a wooden mentor, a land mentor and a land 17.98 square meters on the instant land, and a block studio studio, a block studio, a resort studio, and a multi-story 297 square meters on the instant land (hereinafter the instant housing, the instant housing, and the instant stable, and the total of the instant buildings, the “each of the instant buildings”).

(3) In the event that each of the buildings of this case is located on the land No. 1 and No. 2 of this case, each of the buildings of this case is located on the land No. 1 and No. 2 of this case.

On March 28, 1995, the Plaintiff received from D the ownership transfer registration for the land of this case and the ownership transfer registration for the portion of 17.98/314.98 portion of each building of this case.

On August 29, 2001, Nonparty F received the ownership transfer registration for each of the lands of this case from F on November 25, 2002, and the ownership transfer registration for each of the lands of this case from F on November 25, 2002, and the ownership transfer registration for each of the buildings of this case on 297/314.98.

E. Around September 2005, the Plaintiff removed the instant house, and newly built a house of approximately 89.6m2 square meters with cement and scke roof, board board, and double iron bars around October 2005 (hereinafter “instant newly-built house”).

F. The instant land No. 1 was acquired through consultation with the Korea Land Corporation on January 12, 2016, and the ownership transfer registration on January 20, 2016 was made, and the Plaintiff’s co-ownership on each of the instant buildings was acquired through consultation with the Korea Land Corporation on February 27, 2017 and May 24, 2017.

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