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(영문) 울산지방법원 2017.06.21 2016가단57214
부당이득금
Text

1. As to the Plaintiff’s KRW 37,272,00 and KRW 3,4320,00 among those, the Defendant shall pay to the Plaintiff KRW 2,952,00 from June 1, 2016.

Reasons

1. In fact, the Land Partition Co., Ltd. completed the registration of ownership preservation on March 15, 1993 as to D 1,530.4 square meters in Ulsan-gu, Ulsan-gu (hereinafter “instant land”).

The Plaintiff purchased 56,353/153,040 shares of the instant land from the said partnership, and completed the registration of ownership transfer on June 10, 1993.

Since then, the Plaintiff sold part of the above shares, and currently owns 32,178/153,040 shares in the land of this case (hereinafter “instant shares”).

Western Housing Construction Co., Ltd. newly constructed the instant condominium building, which is a single building, on the 19th underground floor and the 5th ground floor size that can be used as an independent building on the instant land (hereinafter “the instant condominium building”). On June 11, 1993, the registration of initial ownership is completed with respect to the section of exclusive ownership No. 131.46m2 (hereinafter “instant apartment”) among the instant condominiums.

At the time of completion of the preservation registration, the Seo River Construction did not complete the registration of the right to use the site of the instant apartment because it purchased the Plaintiff’s share from the Plaintiff among the instant land, but did not pay the price.

F on September 28, 1998, the F obtained a successful bid for the instant apartment and completed the registration of ownership transfer in the discretionary auction procedure for the instant apartment.

After November 20, 2002, the Defendant awarded the instant apartment in the voluntary auction procedure for the instant apartment on November 20, 2002, and completed the registration of ownership transfer on November 25, 2002.

The proportion of the site ownership of the apartment in this case is 8,040/153,040 of the land in this case, and four households (102, 204, and 404) including the apartment in this case among the apartment in this case, including the apartment in this case, did not complete the registration of the site ownership of the apartment in this case. The aggregate of the proportion of the site ownership is the share in this case owned by the plaintiff.

[Reasons for Recognition] The facts without dispute, Gap 1, 2, Eul 7's evidence 1 to 18, Eul 1-1, and the purport of the whole pleadings.

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