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Reasons
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(영문) 서울서부지방법원 2015.10.15 2014가합36221
부당이득금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against C and D with the Seoul Western District Court 2013Gahap2108, the Plaintiff filed a lawsuit for the refund of the purchase price, etc. on July 26, 2013, with the judgment of the said court; “C and D jointly and severally, shall be 240,000,000 won to the Plaintiff; 5% per annum from June 13, 2006 to July 9, 2013; and 20% per annum from the following day to the date of full payment; and the said judgment became final and conclusive on August 13, 2013.

B. Attached Form to the defendant

1. Attached Form among the 1 aggregate buildings listed in the table (hereinafter referred to as “instant building”);

2. As to each section for exclusive use entered, the registration of ownership transfer shall be completed on February 27, 2008 due to sale and purchase on the same date.

C. Meanwhile, the provisional registration and the cancellation registration under the E’s name, the spouse of D, with respect to the part of exclusive ownership of the instant building, was dismissed as indicated in the following table. Since June 2, 2014, only the provisional registration with respect to No. 101, No. 501, No. 601, and No. 801 of the first floor was left.

On February 2, 2010, for the purpose of registration of the section for exclusive use on the date of receipt, the right to claim transfer of ownership on February 2, 2010, the provisional registration of the third floor No. 301, No. 401, No. 601, No. 701, No. 801, May 16, 2013, the cancellation registration of the above provisional registration on May 16, 2013, which was cancelled on May 16, 2013, the right to claim transfer of ownership on May 16, 2013, the provisional registration No. 10, No. 1065, Jan. 16, 2014; the purport that the right to claim transfer of ownership on January 20, 2014, including the right to claim transfer of ownership on January 16, 2014, No. 301, No. 1604, May 16, 2016

2. The summary of the cause of the claim D is the purchase price to purchase the instant building jointly with the Defendant.

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