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(영문) 서울중앙지방법원 2019.07.12 2019나1304
부당이득금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Each “48.44/707 shares” shall be deemed to be “48.44/704 shares,” “attached Form 1”, “Attachment 1”, “AA subparagraph 15 of the 6th 12th 7th 7th 7th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 7th 7th 12, respectively, to be “AV”, and “a collective building registration register” shall be deemed to be “a collective building registration register”.

The 7th day of the judgment of the first instance is added to the 17th day of the judgment [based ground for recognition].”

The 11th to 17th of the 14th of the first instance judgment shall be followed as follows:

2) The prohibition of separate disposition under the main sentence of Article 20 (2) of the Aggregate Buildings Act shall not be asserted against a third party who has acquired a real right in good faith unless the purport thereof is registered.

(Article 20(3) of the Aggregate Buildings Act provides that "a third party in good faith" means, in principle, a third party who acquired land which is the object of the right to use site without gathering the circumstances that are the site of an aggregate building.

(see, e.g., Supreme Court en banc Decision 2010Da71578, Jan. 17, 2013). This includes a third party who is believed to have known that an aggregate building exists on the relevant land, but believed that the section for exclusive use and the right to use site can be separately disposed of by means of a notarial deed, etc. on the relevant land or share.

However, in full view of the purport of Article 20 of the Aggregate Buildings Act and Article 20 of the same Act, which seeks to promote stability in legal relations and reasonable discipline as to aggregate buildings by preventing the separation of section for exclusive use of an aggregate building and right to use a site from being separated, and the fact that Article 20 (3) of the same Act provides that “the acquisition of a real right in good faith shall be made in good faith,” in addition to “the purpose of prohibition of separate disposition

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