부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The king General Construction Co., Ltd. (hereinafter “Gang Construction”) started construction work on November 29, 2007, by selecting a Jeju General Construction Co., Ltd. (hereinafter “Sang General Construction”) as the Sindog Construction Co., Ltd. (hereinafter “Sang General Construction”), but the construction work was suspended due to the failure to pay the construction cost to the Sejong General Construction Co., Ltd. (hereinafter “Sang General Construction”) on the ground of the 4th underground floor, the 15th ground level (hereinafter “instant land”).
B. On April 18, 201, the Plaintiff decided to succeed to the right as the executor of the instant construction from the king Construction, and resumed the instant construction after receiving the ownership transfer from the king Construction on April 3, 2012.
At the time of the discontinuance of the instant construction, the 1st underground and the 2nd underground were built of the entire structures, such as walls, columns, beams, and slabs, but the 1st underground floor was built of columns, beams, and slabs only, and the 2nd underground floor was built of a lux for the bottom beams and slabs.
(hereinafter referred to as “instant structure”). C.
On November 13, 2012, Plaintiff B filed an application for a compulsory auction on the instant land, and Busan District Court rendered a decision to commence compulsory auction as C on November 14, 2012.
In the above auction procedure, the structure of this case was assessed as a building other than the presentation and was excluded from the object of the lecture evaluation.
E. The Defendant received a decision to permit the sale of the instant land at the above auction procedure (hereinafter “instant auction procedure”) and completed the registration of ownership transfer on April 22, 2014.
[Ground of recognition] Evidence Nos. 1 and 2-3-1, 2, 3, 4, Eul evidence Nos. 2-1, 2, 3, 6-1, 2-2, and 6-2, the result of appraiser D’s appraisal, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s instant structure has yet to be asserted.