(영문) 서울중앙지방법원 2016.10.20 2015나69661

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(영문) 서울중앙지방법원 2016.10.20 2015나69661

청구이의

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1.The judgment of the first instance shall be modified as follows:

The plaintiff's primary claim is dismissed.

B. The defendant.

Reasons

1. Basic facts

A. On April 24, 1996, the Plaintiff purchased each of the shares of 80 2.05/365/365 of the registration order and the shares of 2.05/365 of the registration order (hereinafter “share of the instant building”) among the buildings listed in the attached Table No. 109 (hereinafter “No. 109”) and the buildings listed in paragraph (1) of the section for exclusive use, and the building listed in paragraph (2) of the section for exclusive use (hereinafter “No. 111”) and the E-gu Seoul Jung-gu (hereinafter “instant building”) from F, and completed the registration of ownership on March 24, 1997.

However, the share of the site was not registered as a site right on the part of the building of this case, and there was no content indicating that each share of the building of this case is the right to use the site in the registration column.

With respect to the instant site, the content of registration for correction of ownership, which was made with respect to F Shares No. 125 of F Order A in the registry, is not indicated.

B. Since then, a voluntary auction procedure was conducted at the registration of the establishment of a neighboring site that was completed before ownership was transferred to the Plaintiff with respect to the portion of the instant site owned by F (hereinafter “previous auction procedure”), and the Defendant purchased 51.14/365 shares (hereinafter “Defendant’s share in the instant site”) including the share in the instant site from November 17, 201 in the said voluntary auction procedure and completed the registration of the transfer of ownership with respect to the Defendant’s share in the site on June 8, 2012.

C. On November 27, 2013, the Defendant filed a lawsuit seeking restitution of unjust enrichment (hereinafter “previous lawsuit”) against the Plaintiff and five persons (hereinafter “Plaintiff, etc.”) who are sectional owners of an aggregate building on the ground of the instant site, who are sectional owners of an aggregate building (hereinafter “Plaintiff, etc. in the previous lawsuit”).

In the above lawsuit, the defendant is the owner of the share in the land of this case, and the plaintiff has title.

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