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(영문) 서울고등법원 2011.04.14 2010나6071
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The facts below the facts of recognition do not conflict between the parties, or may be acknowledged in full view of the purport of all pleadings as a result of Gap's testimony and examination of the defendant F of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the party.

[1] K and L were newly built on January 1, 1984 (attached Form 2) as well as on January 1, 1984 (attached Form 2).

On November 1, 1984, registration of preservation of ownership due to entrustment of registration of application for compulsory auction and registration of registration of registration of application for compulsory auction was completed in K and L with respect to the part of the boiler room among the 1st floor of the above building (attached Form 2), 483.03 square meters of the above ground and the 18.11 square meters of the underground second floor

(hereinafter referred to as “the first floor of this case”). K and L divide the first floor of this case into 20 stores, and prepare a specific divided drawing of the number of units, location, and size of the stores, and sell the stores in accordance with the divided drawing.

(hereinafter the above 20 stores are referred to as “the instant 20 stores.” In the above sale, K and L allocated the share of the portion of the instant 1st floor to each of the stores, and completed the registration of ownership transfer in the future for the buyers with respect to the share allocated as such.

(hereinafter referred to as “shared share” of the portion on the 1st floor of this case. Accordingly, the number of buyers and those who take over the 20 stores of this case completed the registration of ownership transfer as to the co-owned share allocated as above by those who take over the said 20 stores, and as above, the number, location, and area of the 1st floor of this case occupied and used independently the store whose size

[2] K and L specify the store No. 6 among the 20 stores of this case as the size of 60.77 square meters at the bottom of the left-hand side, while allocating co-ownership shares of 58.58/502.14, K and L specify the store No. 6 (attached Form 2) among the 20 stores of this case, and allocate the right to collateral security related thereto in the future of the Promotion Mutual Finance Company

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