(영문) 서울북부지방법원 2017.02.14 2016나651

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(영문) 서울북부지방법원 2017.02.14 2016나651

부당이득금

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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Facts of recognition;

A. The owners of 6 lots, other than 104 square meters, in Seoul Special Metropolitan City, Nowon-gu, including the designated parties, decided to newly construct multi-household houses on the above land and completed the E-dong building comprised of the partitioned sections of 12 households in total (hereinafter “instant building”).

At the time of the construction of the instant building, F, G, H, I, J, K, and the Selected (hereinafter collectively referred to as “instant building owner”) purchased a sectioned part of each of the instant buildings, and provided L with the remaining households as payment for the construction cost. However, even though L did not complete the said construction, other construction operators completed the said construction work.

B. On October 4, 2005, before the completion of the construction of the building in this case, M, a creditor of G, applied for a compulsory auction on the shares of G in each of the instant building among the instant buildings, and accordingly, a compulsory auction was rendered on October 4, 2005. On October 6, 2005, due to the commission of a compulsory auction registration, M, a creditor of G applied for a compulsory auction on the shares of each of the instant buildings in each of the instant buildings, and on the commission of a compulsory auction registration on October 6, 2005, the registration of ownership was made in the name of the owner of the instant building, including the designated person with respect to each of the shares

C. After the completion of the instant building, the owner of the instant building began to possess each partitioned building that he would purchase. From February 7, 2007, Defendant B occupied 301 of the instant building (hereinafter “instant No. 301”) from February 13, 2006, and Defendant C occupied 103 of the instant building (hereinafter “instant No. 103”) from December 13, 2006 to October 6, 2005, and as seen earlier, registration of preservation of ownership was completed in the name of each of the designated owners on October 6, 2005.

After the registration of initial ownership was made, No. 103 of this case.

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