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(영문) 광주지방법원 2018.10.26 2018나53848
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. B and C (hereinafter referred to as “B, etc.”) purchased 1/2 shares of each of the DJ D on June 7, 2002, Suwon-si, Suwon-si (hereinafter referred to as “B, etc.”) and 2942.4 square meters (the above land was changed to “Yong-gu” due to the change of the administrative district name on November 24, 2003; hereinafter referred to as “the land before the instant partition”).

7. 9. He completed the registration of ownership transfer in the future.

B. B, etc. completed the registration of ownership preservation on May 15, 2003 with respect to E, an aggregate building with the size of the second and seventh floors above the land prior to the instant partition (hereinafter “instant aggregate building”), which is an aggregate building with the size of the seventh floors above the instant land before the instant partition, and completed the registration of ownership transfer to the buyer of the exclusive ownership.

C. B, etc. completed the registration of the ownership of the instant condominium on May 15, 2003 as part of the land prior to the instant subdivision as a site to the instant condominium. On May 17, 2003, the land prior to the instant subdivision was divided into the instant condominium building site ownership. On May 17, 2003, the land prior to the instant subdivision was divided into the D major 2864.1 square meters in Suwon-si and the F major 78.3 square meters in Suwon-si, Suwon-si, Suwon-si (the land category was changed to the road on the same day).

(B) On November 24, 2003, each land after the change of the name of the administrative district changed to the “Yong-gu”; hereinafter the above D large D large D 2864.1m2, “instant land” and F road 78.3m2, “instant two land”). Accordingly, the right to a site was registered on each of the instant land 1 and 2, and each of the instant land (B, C, 1432.05/2942.4).

On the other hand, on December 2, 2009, the Defendant received a decision of provisional seizure on shares among the land in the instant case 1 and 2, 78.3/29424 (B, 39.15/29424) and applied for compulsory execution with a prior payment of expenses necessary for compulsory execution. On April 17, 2012, the procedure for compulsory auction (hereinafter “instant auction procedure”) was in progress to Suwon District Court G on April 17, 2012.

In the auction procedure of this case, the Plaintiff paid the sale price on March 9, 2015, and acquired the ownership of each share of 78.3/29424 (hereinafter “each share of this case”) among the land of this case 1 and 2, and the Defendant.

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