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(영문) 수원지방법원성남지원 2015.01.21 2014가단206258
지료청구의 소
Text

1. For the Plaintiff (Counterclaim Defendant):

(a) Selected D: 8,037,00 won; 2,757,000 won for Appointed E; 10,549.

Reasons

1. Presumed factual basis

A. The Plaintiffs completed the registration of ownership transfer on May 15, 2008 on the ground of sale by voluntary auction on September 19, 2007 with respect to H 618С in Gwangju-si (hereinafter “instant land”).

(Each 1/2 shares). The designated parties No. 101, Nov. 13, 2012, the date of the registration of transfer of ownership in the number of registered titleholders of a partitioned ownership building, E on February 301, 2014, F. 402, Sept. 14, 2012, G, the designated parties No. 302, Sept. 14, 2012 (Appointed Parties) C, Dec. 13, 2013.

The defendant (Appointeds) and the designated parties have completed the registration of ownership transfer concerning each sectionally owned building among the aggregate buildings (total eight households) constructed on the ground of this case as listed below.

On February 28, 1989, the land of this case is subject to the permission for the transfer registration of ownership on November 21, 1996 (Sale on August 12, 1996) J on November 25, 1996 for the new construction of apartment houses (K) I on March 11, 1997 (Voluntary Auction of July 12, 2000) M on October 7, 2002 (Sale on September 7, 2000) for the transfer registration of ownership on November 14, 200 (Sale on September 7, 2002) (Sale on November 19, 200) by the National Bank of Korea (No. N on May 15, 2008) to register the transfer of ownership on May 15, 2008 (Sale on May 207, 200).

C. The developments leading up to the change of rights, such as the instant land and the ownership of an aggregate building are as follows:

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 5, 9 evidence, the purport of the whole pleadings

2. Determination on the main claim

A. The Defendant (Appointed Party) and the designated parties, who own each of the above sectional ownership of the aggregate buildings constructed on the ground of the instant land, arising from the return of unjust enrichment, are obligated to return unjust enrichment acquired from the possession and use of the instant land to the Plaintiffs, the owner of the instant land.

B. The scope of return of unjust enrichment is one generally on land owned by others.

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