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(영문) 서울중앙지방법원 2012.09.12 2011가합129028
부당이득금반환 등
Text

1. The Plaintiff:

A. Defendant B’s KRW 58,214,859 as well as 5% per annum from June 26, 2012 to September 12, 2012.

Reasons

1. Basic facts

A. 1) Defendant D completed the registration of ownership transfer on July 22, 2003 with respect to the instant site on July 22, 2003, as to the instant site, on the grounds of sale and purchase on July 22, 2003. 2) On November 5, 2004, each of the sections listed in the separates listed in the separates listed in the separates listed in the separates listed in the separates listed in the separates listed in the separates listed in the separates listed in the separates listed in the separates listed in the separates listed in the separates listed in the separates listed in the separates listed in the attacheds 1, and the individual buildings are identified as the floor and the number (e.g., the second basements of the instant building) when referring to

registration was made to the effect that it is a site ownership for the purpose of

(The share ratio is as stated in the separate sheet for calculation of unjust enrichment. However, on December 9, 2004, registration of the purport that it is a site ownership was cancelled due to the change of a site ownership indication. On the same day, as regards the share in Defendant D, 450.615/934.3 as to the share in Defendant H, 51.589/934.3 as to the share in Nonparty H, 51.589/934.3 as to the share in the above site, Nonparty I and 25.869/934.3 share in Nonparty J was completed.

3) On December 14, 2004 with respect to each share under the name of H, I, and J as described in the foregoing paragraph 2, the Schedule No. 1 of Attached Table 1

4.Each partitioned building (No. 201 to 602 of the second floor of the building of this case) stated in paragraphs 10 to 10. has been registered to the effect that it is a site right.

4) On January 31, 2007, Nonparty K completed the registration of ownership transfer for the shares in Defendant D’s name (406.227/934.3) on January 22, 2007, due to a compulsory auction on January 22, 2007. The Plaintiff completed the registration of ownership transfer for the above shares on January 8, 2008, respectively.

5) Although the Plaintiff filed a lawsuit against L in the instant lawsuit, the Plaintiff withdrawn the lawsuit against L on August 7, 2012, and the agent of L consented to the withdrawal of the lawsuit at the third date for pleading ( August 24, 2012). On December 4, 2009, the Plaintiff’s share (406.227/934.3) as stated in the foregoing paragraph (4) as of November 18, 2009 as to the Plaintiff’s share (406.227/934.3) as stated in the foregoing paragraph (4).

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