(영문) 서울중앙지방법원 2015.01.28 2013가단316133

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(영문) 서울중앙지방법원 2015.01.28 2013가단316133

소유권보존등기말소청구 등

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. Defendant B and C are the instant officetels located in Yeongdeungpo-gu Seoul Metropolitan Government D and one parcel of land (hereinafter “instant officetels”).

(2) On June 2, 1993, the owner of the instant officetel completed the registration of initial ownership on each of the units of the instant officetel, with one-half shares of each of them. Thereafter, the Defendant B completed the registration of initial ownership on each of the units of the instant officetel No. 102 (hereinafter “Ground 102”).

(2) The Defendant Han Bank Co., Ltd. (hereinafter “Defendant Han Bank”) completed the registration of establishment of a mortgage on November 15, 2006 and April 16, 2010 on two occasions, with respect to 102 underground.

3) Underground 102 is being used as the management office of the instant officetel. (b) Machines and electricity rooms located on the second floor of the instant officetel, such as the relationship of the use of the second floor of officetels underground (hereinafter referred to as “base second floor”).

On May 1, 1998, a lease contract was concluded between the head of the management office of the instant officetel and the “E company” and the head of the management office of the instant officetel, and the said contract is paid to the Defendant B’s account. [Grounds for recognition] The fact that there is no dispute, Gap’s evidence 1 through 3, and 7 through 11 (including each number; hereinafter the same shall apply).

each entry or video, the whole purport of the pleading;

2. The plaintiff's assertion

A. Under 102, the registration of preservation of ownership in the name of the Defendants in the common area of the instant officetel is invalid.

Therefore, the registration of preservation of invalidation and the registration of establishment of each collateral of the defendant Han Bank should be cancelled.

B. The receipt by Defendant B as the vehicle of the second basement level is unjust enrichment acquired without any legal ground. As such, Defendant B is obligated to return to the Plaintiff the sum of the unjust enrichment gained from rent receipt during that period, KRW 23.7 million.

3. Whether the lawsuit of this case is legitimate

A. The Plaintiff’s main defense against Defendant B and Han Bank is not all sectional owners.

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