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(영문) 울산지방법원 2015.04.29 2014나6688
부당이득금반환
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts are either in dispute between the parties or in full view of the contents of evidence Nos. 3, 2-3, 3-1, 4-3, and 1-3 of evidence No. 1-3, and evidence No. 1-1. A, the whole purport of the pleadings can be acknowledged.

On June 192, Ulsan Jung-gu, Seoul apartment (hereinafter referred to as the apartment of this case) completed around June 1992 did not adjust the obligation and obligation of the site, such as multiple provisional attachment, provisional injunction and registration of the establishment of a neighboring mortgage, with respect to some portion of the site, and thus, the sale and occupancy began without a pre-use inspection.

B. On April 25, 2006, the Defendant purchased the instant apartment Nos. 101, 1506 (hereinafter “instant apartment”) from D, and completed the registration of ownership transfer on May 22, 2006.

C. On March 24, 2008, occupants of the instant apartment including the Defendant filed a lawsuit against the owner of the instant apartment on the ground that they were appointed parties E, claiming for the implementation of the procedure for the registration of the transfer of shares in the site and the payment of the data on the cost of repairing defects. On October 31, 2012, the Ulsan District Court 2008Gahap1961 decided to the effect that the owner of the instant apartment should implement the procedure for the registration of the transfer of shares in the site of each of the instant apartment site to the occupants, and that the owner should pay KRW 5,00,000,000, respectively, as consolation money for mental damage suffered by the occupants due to the failure to properly perform the inspection of use, the transfer of shares in the site,

On August 2, 2013, at the appellate court of the case described in the above paragraph (c), the decision to recommend reconciliation was finalized by the Busan High Court 2012Na10058, and the contents of the decision were that the owner should implement the registration procedure for transfer of shares in the site of each of the apartment in this case to the occupants and pay KRW 2,60,000 as consolation money.

E. The designated parties E shall not exceed KRW 1,920,673, respectively, for the designated parties after deducting the above amount of consolation money from the project owner.

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