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(영문) 수원지방법원 2014.11.14 2014나24959

부당이득금

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Facts of recognition;

A. On September 20, 2007, G, the husband of the Plaintiff, purchased from Defendant B the land 2,149 square meters of Pyeongtaek-si H forest land (hereinafter “land before division”), and completed the registration of ownership transfer by Suwon District Court No. 53107, Sept. 28, 2007, which was received on September 28, 2007.

B. On February 20, 2013, the Plaintiff donated the land before subdivision from G, which is the husband, to the Suwon District Court, and completed the registration of ownership transfer under the receipt of No. 8078 on February 20, 2013.

C. On May 13, 2013, the land before subdivision was divided into KRW 1,012 square meters of land for Pyeongtaek-si E, and KRW 1,095 square meters of forest land (hereinafter “E land”) and KRW 1,095 square meters of forest land (hereinafter “F land”). D.

On October 30, 2012, the Plaintiff purchased 142 square meters of Pyeongtaek-si D Forest land (142 square meters among the same I forest as the Plaintiff, and the part of the land purchased by the Plaintiff was divided into 142 square meters of D forest land as of November 7, 2012; hereinafter “D land”) from Defendant C. At the time of entering into a sales contract, the special agreement was added to “(i) water supply system is laid underground, ② on the condition that entry into the J land is secured and guaranteed without any inconvenience in residential life (when construction is completed),” and the registration of ownership transfer was completed on December 28, 2012 by Suwon District Court as of December 28, 2012, and the land category of D land was changed to a road on July 8, 2013.

E. Defendant B owns 372 square meters and L 583 square meters adjacent to each land of Pyeongtaek-si, E, and F, and Defendant C owns 987 square meters prior to M, N forest, 1,095 square meters, and 559 square meters in I forest, and J owns 793 square meters in O forest.

F. On July 25, 2013, the Plaintiff opened a passage (hereinafter “new passage”) on the part of the ship (B), which connects each point of (a) part of (a) 9 square meters and F land in sequence with marks 1, 2, 3, 4, and 1 of the attached appraisal map among the E land, and each point of (b) the same appraisal map among the land of (a) 9 square meters and F, in order. The Defendants are not more than 169 square meters out of D land and F land until July 24, 2013.