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(영문) 서울중앙지방법원 2017.01.11 2015가단5221685
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. D wholly owns the entire area of 580.7 square meters in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant site”), and on January 3, 2004, donated each share of 145.175 percent to Defendant B, E, and F, who are children on January 3, 2004, and completed the registration of ownership transfer of each share.

Accordingly, Defendant B, D, E, and F owned 145.175 shares of each of the instant sites.

B. Defendant B, D, and F newly built 101 square meters on the instant land, 204.08 square meters on the instant land, 201 square meters, 204.08 square meters on the second floor, 301 square meters on the third floor, 210.36 square meters on the third floor, 401 square meters on 401 square meters on the fourth floor, multi-unit housing of reinforced concrete roof 405.58 square meters on the instant land (hereinafter the instant entire building collectively referred to as the “instant building”), and only the number of units when referring to each sectional building.

On July 12, 2004, Defendant B, D, and F registered No. 101 as to the instant building as Defendant B, 201, 301, and 401 as an aggregate building owned by F, respectively, and completed registration of initial ownership on December 20, 201.

C. On December 20, 2011, E donated its ownership shares to F and completed the registration of ownership transfer on the instant land.

As a result, F owned 290.35 shares of the instant land. D.

D on December 20, 2011, as follows:

After the registration of port, 201 and 301, and 145.175 percent of the land of this case, he was entrusted to Han Bank Co., Ltd. and completed the registration of ownership transfer due to each trust on the same day.

E. A compulsory auction was conducted for the F-owned 401 shares of 290.35 shares on the instant land and 580.7 shares.

On January 2, 2014, the Plaintiff and G, both husband and wife, purchased the subject matter of auction at an auction procedure, and completed the registration of share ownership transfer as to the share of 1/2 of each of 401-2 of the same day and 290.35/1161 of each of the instant land.

F. On February 27, 2014, the Plaintiff donated one half of its shares to G on February 27, 2014.

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