부당이득금반환
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 2, 1984, the Plaintiff and E purchased approximately 1/2 shares of the Plaintiff and approximately 20 square meters of the cement block structure building without permission therefor (hereinafter “existing building”) among the Plaintiff’s husband and wife’s f. 268 square meters (hereinafter “instant land”). On October 26, 1984, the Plaintiff and E purchased approximately 1/2 shares of the instant land and about 20 square meters of the cement block structure building without permission, and completed the registration of ownership transfer on the instant land on October 26, 1984.
B. G is the Plaintiff’s Dong book with the power of representation on the conclusion, management, etc. of the lease agreement of the instant land and the existing building.
C. On November 16, 199, Defendant C, an electricity business operator, entered into a lease agreement with G on the instant land and existing buildings, setting the deposit of KRW 10 million, monthly rent of KRW 600,000,000 from November 16, 1999 to November 15, 2002, and thereafter, concluded a lease agreement with the Plaintiff on November 16, 2002. < Amended by Presidential Decree No. 17795, Sep. 1, 2005>
On the other hand, Defendant C applied for a building permit on November 16, 199 to newly build a 68.52 square meters of the building on the land of this case under the name of the Plaintiff’s husband and wife, and obtained a building permit on November 16, 199. On November 17, 199, Defendant C started a new construction work and obtained approval for use on December 8, 199. Since around that time, Defendant C used the building newly built while running the electric construction business (hereinafter “instant office”) for the purpose of the office, warehouse, etc.
E. Defendant B Housing Redevelopment and Rearrangement Project Association (hereinafter “Defendant Association”) is a housing redevelopment and rearrangement project association whose project implementation district covers 25,515,15,00 square meters of land of this case, which includes the land of this case, and was subject to authorization to establish the association on August 24, 2007 from the head of Busan Metropolitan City head of the Gu, to authorize the establishment of the association on November 5, 2009, and the authorization to implement the project on August 28, 2013.
F. In order to implement the project, the Defendant Cooperative’s association shall enter the attached Form 1’s plane table on the ground of the instant land (1) through (4) in the column for the purpose of measuring area table below each building.