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(영문) 서울동부지방법원 2016.09.30 2014가합111199
부당이득금
Text

1. The plaintiffs (Appointeds) and the appointed parties and the plaintiffs, and the defendant D stated in the attached Table 3-A of Real Estate List 3.

Reasons

Basic Facts

The instant land was its original site, and on November 8, 2002, the deceased L, the owner of which at the time of November 8, 2002, set up the highest priority collective security and superficies (the right to collateral security, the right to collateral security, and the superficies (the right to collateral security, the right to collateral security) to the national bank respectively.

On March 208, 2008, on the land in this case and on the land in Gwangjin-gu Seoul Special Metropolitan City, an aggregate building listed in paragraph 2 of the attached Table of Real Estate (hereinafter “the aggregate building in this case”) was newly constructed.

On July 17, 2008, for the purpose of subparagraph 202 among the instant condominiums, the registration of site ownership was completed on the portion of the instant land for 6.26/473.9.

According to the deceased's death on August 11, 2008, N andO inherited each share of the land of this case 1/2. Of the land of this case, ownership transfer registration was completed only under N andO's name with respect to each share of 1/2 of the remaining 467.64/473.9 (=6.26/473.9) of the land of this case, each of which 1/2 of the above site ownership registration was not completed (i-6.26/473.9) and the remaining shares of 6.26/473.9 (=7,825/592,375) until now remains in the name of the deceased.

In the voluntary auction procedure (hereinafter “instant voluntary auction procedure”) regarding N andO’s respective co-ownership shares 467.64/473.9 shares (i.e., 584,50/592,375 shares) of N andO’s respective co-ownership shares 467.64/473.9 shares (i.e., N’s share 46.764/473.9 shares 46.764/473.9 shares), each of them completed the registration of ownership transfer in relation to the voluntary auction procedure (i.e., shares 116,910/592,375 shares).

Then, on April 9, 2014, P’s 64,950/592,375 shares out of P’s co-ownership on April 9, 2014, by acquiring the shares of Plaintiff B 2,598/592,375 shares, and Plaintiff C’s 49,362/592,375 shares among the co-ownership shares in the instant land as follows.

J Co-owners N and O Plaintiff A’s Appointor G Appointor I J Plaintiff CP.

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