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(영문) 수원지방법원 2018.10.04 2017가합21605

부당이득금

Text

1. The defendant shall be the plaintiff.

(a) KRW 75,188,666 and annual 5% from September 27, 2017 to October 4, 2018; and

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet of clans (hereinafter “instant land”) composed of descendants of B.

B. Around 1964, the Plaintiff: (a) was divided into four parcels of land: (b) 922 square meters of C forest in Sungsung-si; (c) 228 square meters of C forest in Hasung-si; and (d) 3,618 square meters of I forest in Masung-si; and (b) 3,618 square meters of I forest in Masung-si; and (c) 3,618 square meters of I forest in Masung-si (attached Form 2); (d) 3,618 square meters of land in Masung-si (attached Form 2); (e) 37 square meters of Masung-si; (e) 918 square meters of C forest in Masung-si; and (e) 4 square meters of land in Masung-si in Masung-si (attached Form 1); and (e) 3, 491 square meters of land in Masung-si, Masung-si, Masung-si, 3084 square meters in m.

On April 2002, UNAD Construction Co., Ltd. (hereinafter referred to as the “Nonindicted Company”) purchased the remaining land excluding B’s grave portion (491m2 after the division) among the above forests and fields from the members of the above clan in the name of the above clan in order to construct an apartment building in the lot of the instant land.

C. On January 23, 2003, the non-party company filed an application with the non-party company for approval of the project plan for the construction of apartment houses on the neighboring land, including the land purchased from the clan title trust clan, and the defendant approved the joint housing construction plan to build G apartment (16 Dong Dong 993 households, hereinafter "the apartment of this case") on the ground of the F and 61 lots of land, the non-party company created the land of this case as a park until the approval for the use of apartment houses is granted to the defendant.

Around February 2003, the non-party company commenced construction works on apartment and completed construction works on apartment, and around April 2005, and completed the construction works on apartment construction and on the land of this case, and around that time, the land and park facilities of this case.