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(영문) 서울중앙지방법원 2016.02.15 2014가단250865
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On July 3, 1990, the Changyang Development Co., Ltd. (hereinafter “original development”) completed the registration procedure for ownership transfer on the land before the subdivision on March 19, 1990 with respect to B forest land No. 13,857 square meters (hereinafter “land before the subdivision of this case”). Around that time, five apartment buildings and one commercial building were newly built on the land before the subdivision of this case.

B. On September 16, 191, the creative development established the ownership of the aggregate 1281.45/13857 shares of the land before the instant partition as the right to use the said five site for the said apartment building. On November 7, 1991, with respect to the said five apartment buildings, the registration of ownership preservation as a sectioned building and the right to a site for the ownership of the said share was completed, and the registration was completed to the effect that the ownership of the said share is a right to a site, and the registration was completed for the ownership of the said share, and the registration of ownership transfer was completed for each of the buyers.

However, with respect to the above one commercial building, the registration of ownership transfer was not made as a sectioned building, and the number of buyers completed the registration of ownership transfer on the aggregate of 653.5/13,857 shares of the land before the partition as the registration of ownership transfer and the right to use the site of the building.

C. Of the land before the instant partition, the registration of the purport that the ownership of the said five apartment units was completed, and the ownership transfer registration was completed on February 15, 2006 for the remaining 386.05/13,857 shares (hereinafter “share in the land before the instant partition”) remaining in the original development except for the total of 12817.45/13,857 shares and 653.5/13,857 shares (hereinafter “share in the land before the instant partition”), which were remaining in the original development as a right to use the land from the owners of the said one commercial building. The Plaintiff acquired the ownership transfer registration in full on January 29, 2006.

It is divided into 46 square meters of D forest land, which was used as a road, etc. on August 11, 2009, from the land before the division of this case, and it is before the division of this case.

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