부당이득반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. On November 20, 200, the Geumsan Industrial Development Co., Ltd. (hereinafter “Gransan Industrial Development”) newly constructed the steel framed reinforced concrete structure 2nd roof and the 405 square meters wide ground (hereinafter “each of the instant lands”) on the Daegu-gu Dong-gu B, Daegu-gu and C 694 square meters wide and 405 square meters wide (hereinafter “each of the instant lands”). On November 20, 200, the construction was conducted with the permission for extension of the 4th and 5th (hereinafter “the instant part extension”), but the approval for use and the real estate registration for the extended part was not made.
B. Among the foregoing, each of the instant lands and buildings was sold to the school life insurance company, which was a mortgagee of a mortgage (hereinafter “school life insurance company”) at the auction procedure around December 2003, and the ownership of the Defendant was transferred from the school life life again on June 2004 after the sale of the school life life in the auction procedure around December 2003. The extended part of the instant case was excluded from the subject of auction as a building other than the above auction procedure, and is not included in the subject of a transfer contract concluded between the development of the school life insurance industry and the school life life insurance company (hereinafter “school life insurance”).
C. Nevertheless, around November 2013, the Defendant changed the name of the owner of the instant extended part to the Defendant, and changed the entries in the building register after obtaining approval for use under the name of the Defendant on February 2014, and acquired ownership.
On November 22, 2005, the Plaintiff received the instant extension portion from the development of the Geumsan Industry.
Therefore, the defendant who acquired ownership of the extension portion of this case without any legal ground is obligated to return the amount of KRW 75,032,00 (the amount of appraisal on the evidence No. 6) equivalent to the value of the extension portion of this case as unjust enrichment to the plaintiff, the transferee of the extension portion of this case.
2. As to whether the Plaintiff had lawfully transferred the extension portion of this case from the development of the Geumsan Industry, the public health room.