[부당이득금][하집1988(3.4),98]
Where the replotting area is increased due to the designation or change after the sale of reserved land, the ownership of the increased portion
Even if the purchase price was determined based on the reserved land for replotting at the time of the conclusion of the contract, and the substitute lot area is increased due to the designation and alteration, as long as the objects under the flexible legal conditions, such as the reserved land for replotting, are for sale purposes, the possibility of increasing the price was determined by taking into account this. Therefore, to the extent recognized as identical, the increased portion shall be reverted to the purchaser, unless there is a special agreement between the parties
Article 574 of the Civil Act
Yong-Nampy
Current phenomenon;
Jeju District Court (Law Firm 87 Ghana1100) in the first instance trial
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the plaintiff.
The defendant shall pay to the plaintiff 1,560,000 won with 25% interest per annum from the day following the day of service of the complaint to the day of full payment.
The costs of lawsuit shall be assessed against the defendant and a declaration of provisional execution.
The original judgment shall be revoked.
The defendant shall pay 1,560,000 won to the plaintiff.
The costs of lawsuit shall be assessed against the defendant and a declaration of provisional execution, which shall be assessed against both the first and second instances.
In the event that the above agreement was made on March 26, 198 to the defendant 2, 198-12 of the daily mobile land at 459-12 (20 block 90), 202 square meters per 400,000 won for the above land for replotting 20-1, 300 square meters for the above land for replotting 20-1, 400 square meters for the above land for replotting 20-1, 400 square meters for the above increase of 30-1,60 square meters for the above land for replotting 9-2, 400 square meters for the above increase of 9-1,60 square meters for the above land for replotting 30-1, 400 square meters for the above increase of 9-1,60 square meters for the above land for replotting, the defendant had no obligation to pay the remaining 1,500,000 won for the above increase of 9-2,000 square meters for replotting 3
In addition, even if the purchase price was determined based on the reserved land at the time of the conclusion of the contract, unless there are special circumstances, the previous land owner can obtain the right to use and benefit from the reserved land, and the ownership is not transferred, and even if the purpose of the purchase price was determined as the reserved land for replotting between the parties, such as drawing up the current status of the reserved land at the time of the purchase and sale contract of the designated land, the sale price of the previous land shall be deemed to be the sale and purchase, barring any special circumstances. In addition, even if the purchase price was determined based on the reserved land at the time of the conclusion of the contract, even if the substitute land area was increased due to the designation and sale, the possibility of an increase in the purchase price was made for the purpose of the sale of the object under the flexible legal conditions, such as the reserved land for replotting, as long as the purchase price was determined for the purpose of the sale, as long as the purchase price was determined for the purpose of the sale, it is reasonable in light of the common sense of the transaction that the land price after the designation and sale was made.
Therefore, the plaintiff's claim of this case shall be dismissed without merit, and the judgment of the court below with the same conclusion is just, and the plaintiff's appeal against this is without merit, and the costs of appeal shall be assessed against the plaintiff who has lost. It is so decided as per Disposition.
Judges Yellow Jinn (Presiding Judge) Lee Hong-ho