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(영문) 청주지방법원제천지원 2012.09.05 2011가단371
부당이득금
Text

1. The Selection C shall be the Plaintiff:

A. At the same time, 43,284,150 won shall be paid by the Plaintiff, as stated in the attached list.

Reasons

1. Facts of recognition;

A. On November 30, 1999, Defendant B (hereinafter “Defendant B”) was awarded a successful bid for 402 units of the fourth floor neighborhood living facilities and multi-household housing (hereinafter “instant condominium building”) on the ground of 557.5 square meters (hereinafter “instant land”) (hereinafter “instant condominium building”) on November 30, 199, and the instant land, which is the relevant site, came to have a right to own land as shares of 52.83/57.5 square meters as to the instant land.

B. However, on March 28, 1996, before the right to a site was established with respect to the land of this case (before the new construction of the instant aggregate building), the right to a site was established under the name of the film community of the person having a right to a site (hereinafter referred to as the “mortgage of this case”), and thereafter on July 21, 2005 upon the execution of the said right to a site, the auction procedure of a real estate lease was commenced in this court E as to the share of the total share of the right to a site of the persons holding a right to a site of the instant aggregate building, including Defendant B, among the land of this case on July

C. On May 22, 2006, the Plaintiff was awarded a bid of the total share of the above site ownership on May 22, 2006 and paid in full the sale price on June 2, 2006, and completed the registration of ownership transfer on June 19, 2006.

On the other hand, on August 20, 2008, Defendant B completed the registration of ownership transfer on the instant section for exclusive use by Defendant C (hereinafter “Defendant C”) under No. 21233, which was received by this court, on August 19, 2008.

On the other hand, as of February 16, 201, the market price (only the market price of the portion of a building in the form of no site) of the instant section for exclusive use as of February 16, 201 is KRW 43,284,150, and the rent for the period from January 1, 2011 to November 11, 201 for the entire land of this case is KRW 4,763,18.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2-2, appraiser F's appraisal result, the purport of the whole pleadings

2. The Plaintiff’s determination as to the claim against Defendant B shall return the Defendant B’s unjust enrichment amounting to KRW 431,235.

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