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(영문) 인천지방법원 2013.09.10 2012가합32009
부당이득금
Text

1. The Plaintiff:

A. Defendant B: 16,466,587;

B. Defendant C and D respectively KRW 2,420,478;

C. Defendant E shall be KRW 1,729,288, d.

Reasons

1. Basic facts

A. The Plaintiff’s land was owned by Nonparty W. Nonparty X, on April 30, 1980, owned the land of this case. Nonparty X, on the same day, filed for the registration of ownership transfer for 2/3 shares of the instant land. On October 24, 1980, the Plaintiff filed for the registration of ownership transfer for 1/2 (i.e., 1/3 shares of the instant land = 2/3 x 1/2) out of 2/3 shares of the saidY’s land (i.e., 1/3 shares of the instant land) with the Incheon District Court’s registration and receipt of the said provisional registration under Article 67578, and acquired 1/3 shares of the instant land by completing the registration of ownership transfer on May 8, 191.

(hereinafter “instant share”) .b.

1) Each building listed in the attached table 2 on the land of this case (each section of exclusive ownership constitutes one aggregate building).

hereinafter the above 1 unit is referred to as the “instant building.”

(B) The building was constructed and approved on March 5, 1981, and was registered as an aggregate building on March 26, 1981 (which was divided into the buildings listed in Schedule 1, 2, 3, 4, and 6, but which was further subdivided into the buildings listed in Annex 2 List 4, paragraph 4, of the same Schedule on June 1, 1987.

2) The building listed in Attachment 2 List No. 1 (hereinafter referred to as “No. 1st floor”) was Nonparty Z, and the building listed in paragraph 2 of the same Schedule (hereinafter referred to as “No. 2st floor”) were Nonparty W, and the building listed in paragraph 3 of the same Schedule (hereinafter referred to as “second floor”) were Nonparty X, and Nonparty 4 and paragraph 6 (hereinafter referred to as “third floor,” and the building listed in paragraph 4, and the building listed in paragraph 5 (hereinafter referred to as “fourth floor”) were registered to preserve ownership on March 26, 1981.

Of the Defendants’ instant buildings, the Z, W, X, andY owned their respective sections of exclusive ownership and the land of this case. As the Defendants sold each section of exclusive ownership of the instant building, the buyer’s share of co-ownership of the instant land.

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