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(영문) 수원지방법원 2019.06.11 2018가단528113

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 19, 200, the Defendant completed the registration of ownership transfer on the ground of donation on February 16, 2000 with respect to the land of 133 square meters in Leecheon-si, and 2 D large 56 square meters, respectively. Nonparty E, who is the Defendant, has completed the registration of ownership transfer on the ground of donation. Nonparty E, who is the Defendant, completed the registration of ownership transfer on February 16, 200 with respect to F large 142 square meters and 111 square meters in G large 10 square meters (hereinafter “instant land”). < Amended by Act No. 6234, Feb. 19, 2000>

B. On February 19, 200, the Defendant and Nonparty H, the husband of the instant building, completed the registration of ownership preservation for one-half portion of each of the above-mentioned ①, ② and ③ the third-class building on land (hereinafter “instant building”). On February 11, 2016, the Defendant completed the registration of ownership transfer for one-half portion of the instant building due to compulsory auction on February 3, 2016.

C. On April 4, 2013, the Plaintiff completed the registration of ownership transfer based on the public sale on the same day.

The land of this case is located front of the building of this case with the land adjacent to the land of this case, and the land of this case is located front of the building of this case, and seven parking lines are used as the parking lot for the building of this case, since there are seven parking lines on the ground of the "Acheon-si Road, J Road and K Road" owned by the Republic of Korea between the land

(hereinafter “instant building parking lot”). (e)

The specific use status of the surrounding land of the instant building, including the instant land, shall be as follows: (a) the video of [a picture 1] and [a picture 2].

[Afforestation 1] An appraisal report 25 pages.

The Defendant indicated the instant land and the parking line on the satellite photograph (forest 2) No. 12 No. 12. The fact that the appraiser indicated the parcel on the satellite photograph.

F. The Plaintiff and the Defendant agreed on several occasions to sell and purchase the instant land, but they did not reach an agreement.

On March 31, 2017, the Plaintiff installed a steel fence with a height of 2.4 meters depending on the boundary of the instant land, and the Defendant filed a claim for removal.

Suwon District Court's branch of Suwon District Court on December 20, 2017, due to fences.