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1. The judgment of the first instance, including a claim extended or reduced in the trial after the reversal, shall be as follows:
Reasons
1. Basic facts
A. The ownership of the instant site was owned by AT, which is the Plaintiff’s attachment, and owned by the Plaintiff on March 18, 1995, and on March 18, 1995, AU large 936 square meters (hereinafter “instant adjoining land”). At present DK and AX Co., Ltd (former trade name: AV; hereinafter “AV”) share the same.
B. On October 1, 1973, when constructing a main complex building on the 5th floor above the ground of the instant apartment site and its neighboring land, AT sold the building during construction to the non-party company (the representative director at the time of the change of the company name AT's birth, the representative director at the present representative director at the time of the change of the company name around 1994). 2) The non-party company completed the said building and obtained approval for use on January 7, 1976, and sold the apartment building on the 3 through 5th unit (hereinafter "the first unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit
Meanwhile, as the J, which owned 3/9 shares of the instant apartment 315, died on October 6, 2009 when the instant lawsuit was pending, Defendant K, L, and M inherited the said J shares by inheritance shares. Defendant R transferred on July 10, 2009 the ownership of the instant apartment 321 to DL, DM, and Defendant AG transferred the ownership of 501 shares of the instant apartment 501 to DN on December 15, 2009.
[Ground of recognition] Unsatisfy, Gap evidence 1 through 5, 8, 9, 28, 40, Eul evidence 1 through 4 (including each number), the purport of the whole pleadings
2. Formation of unjust enrichment;
A. According to the above facts, the defendants owned each part of the sectional ownership of the apartment of this case for each corresponding period on the site of this case.