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(영문) 서울북부지방법원 2013.04.10 2011가합6971
부당이득금반환
Text

1. The Defendants (including the appointed parties) and the designated parties on the list of the designated parties attached to the attached Form 1 shall be each Plaintiff, and the attached Form 6.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer in the name of each Plaintiff on May 22, 1990 and April 2, 1990 with respect to the K 108 square meters in Gyeonggi-gun (hereinafter “1 site in this case”) and L 273 square meters in lots (hereinafter “2 site in this case,” and each of the above sites was collectively referred to as “each of the instant sites”).

B. From November 17, 2006 to the date, M owned a building listed in attached Table 2 List 1 (hereinafter “the instant detached house”), which was constructed on the neighboring land of each of the instant sites (hereinafter “the instant detached house”). The remaining designated parties and the Defendants are those who directly purchased each household of the instant building (hereinafter “each multi-household house of this case”), which was newly constructed in around 1990 to 1991, on the adjoining ground of each of the instant sites, or transfer from the buyer of the instant multi-household house, and who owned it during the pertinent period indicated in the “period of Ownership and Land Possession” column in attached Table 4.

C. The Selection M has used the portion of “c.c.” portion on the ship (hereinafter “c.c. part”) which was connected in order to each point of Attached 19, 22, 21, 20, 19 among the instant land No. 1 site, with the possession and use of the instant detached house, as a stairs connected to the only entrance of the said detached house until now.

N.O, which newly constructed each multi-household of this case, newly constructed a parking lot in the following sequences 1, 18, 17, 16, and 1 of the annexed drawings No. 3 among the land No. 1 of this case at the time of the said new construction: “In the ship connecting each point of 29С” 1, 2, 3, 4, 5, 6, 25, 24, 23, and 2 of the annexed drawings No. 3, and 2, 3, 4, 5, 25, 24, 23, and 2 of the annexed drawings No. 1 of this case, the annexed drawings No. 2 of this case were buried, and the parking lot was installed in the underground purification facility. Of the land No. 2 of this case, the annexed drawings No. 1, 16, 26, 27, 28, 30, 12, 13, 15, and 14

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