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(영문) 서울남부지방법원 2014.12.26 2013가단65349
건물인도 등
Text

1. The part concerning the claim for return of unjust enrichment in the instant lawsuit is dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. 1) The building of the instant housing was owned by C after July 25, 1996, while the ownership was transferred to E by auction on June 22, 1999. 2) The ownership was transferred to Guro-gu Seoul Metropolitan Government Fluor on March 11, 1994. On January 26, 2006, C transferred the ownership in the future on January 26, 2006. On January 26, 2006, C transferred each of the instant real estate owned by the Plaintiff and G, HH, I, K, K, L, M, N, P, P, Q, R, S, and T, and on September 4, 2009, transferred each of the said shares owned by G to U on September 26, 2009.

3) Around 1994, Guro-gu Seoul Metropolitan Government: W means the Guro-gu Seoul Metropolitan Government X 84 square meters; W means the Zan 64 square meters and AAA 16 square meters, and each payment is repaid. 4) C means C as the contractor who is the husband of C, and W files an application for a building permit with the Guro-gu Office to jointly construct three houses with 1st underground floor and 10 households with 4th floor above the ground (10 households) on three lots, such as D, X, and F, on the land of Guro-gu Seoul Metropolitan Government. On December 2, 1996, the Guro-gu Office issued a building permit on condition that W means to pay in full the unpaid price of the X site before the approval for the use of the building.

5) After that, AB decided to construct a larger building, including the land from which Y was low, and accordingly, C, W, Y changed its design to jointly construct a multi-household building (15 households) on the land of five parcels, such as D, X, Z, AA, and F, Guro-gu Seoul Metropolitan Government, and multi-household building (15 households), which is an aggregate building of the fourth floor above the ground, and reported C, W, and Y as a joint owner on December 20, 1996. On December 23, 1996, Guro-gu Office accepted the above report on the condition that Y will pay in full before approval for use of the building. 6) Multi-household housing (hereinafter referred to as “multi-household housing of this case”) with 15 households listed in the attached list of the Building Permission in the present case was completed on April 197, 199, but has not been approved for use until now.

B. The defendant C.

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