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(영문) 광주지방법원목포지원 2014.07.25 2013가단8043

부당이득금반환

Text

1. The Defendant’s KRW 29,285,360 as well as the Plaintiff’s annual rate from September 6, 2013 to March 26, 2014.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition (1) around 2010, the Defendant newly constructed the three-story neighborhood living facilities and multi-family houses (the total floor area of 358.02m2m2, the date of permission for use on May 18, 2007; hereinafter “instant housing”) on the land of 2013m2, Jeonpo-si, Dapo-si, Dapo-si, 213m2. The two households of 203m2 and 3m2 were without permission for large-scale repair under the Building Act without permission for large-scale repair under the Building Act (i.e., the alteration of the first four studio to eight studio in the form of the so-called multi-level system).

(2) On May 28, 2010, the Defendant sold the instant housing (including the site) to the Plaintiff in the form of D’s brokerage for KRW 325 billion, and for the same year, around May 28, 2010.

7. 16. The registration of ownership transfer was completed in the future of the plaintiff on the grounds of the above sale.

(3) After that, around June 2012, the wooden Market discovered the unauthorized Extension of the instant building at the comprehensive audit of illegal buildings, and notified the Plaintiff, the owner of the instant building, of the defects in the restoration to the original state and the corrective order (such as securing of annexed parking lots) (round that time, the foregoing eight studio appears to have been occupied by all the lessees). The Plaintiff notified the Defendant of this fact and notified the Defendant of this fact, who was early September of the same year, and the Plaintiff notified the seller of the performance of the maintenance of the parking lot

(4) On the ground of the non-performance of the corrective order (three times), the wooden Market Co., Ltd. notified the Plaintiff of the notice of non-performance penalty on November 2012, and accused the Plaintiff as a charge of violating the Building Act. However, during the investigation process, the wooden Market Co., Ltd. withdrawn the Plaintiff’s accusation, and instead accused the Defendant.

(5) Meanwhile, on January 9, 2013, the Plaintiff sold the instant building (including the site) to Nonparty E and F (hereinafter “E, etc.”) for KRW 390 million, and completed the registration of ownership transfer on the 15th of the same month thereafter.

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