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(영문) 의정부지방법원고양지원 2016.12.21 2015가단83456

부당이득금

Text

1. The plaintiff's claim against the defendant is dismissed.

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

Reasons

1. Each land listed in the separate list of basic facts (hereinafter referred to as “instant land B, C, and D”) was entered as “the land,” and the combination of each land was made on February 18, 191 on March 11, 1991 and the ownership transfer registration was made in the Plaintiff’s future on March 11, 191.

On March 24, 1980 on August 24, 1980 after the subdivision before the subdivision on March 24, 1979, the B 1,349 square meters (Ga, etc. and one other) B 1,349 square meters (H/A) B 199 square meters (H/A) 144 square meters (J 817 square meters), K 816 square meters (L), and M 124 square meters (L), M 224 square meters (L/A) C 324 square meters (A/M 187, Feb. 28, 1979), each of 1,349 square meters (L/L) B 199 square meters (H/A) and 147 square meters (G/L) 25224 square meters (M/M 187, M/M 1979/M 1679/M 679/M 679).

[2] The indication of each of the instant lands is the owner, and E is omitted for each of the instant lands, etc., and only lot numbers are indicated). The present status of each of the instant lands is as follows:

The land B was transferred to G and H on July 5, 1966, which was before the division, and the land category was changed on April 11, 1968. The land category was also changed on November 4, 1968. The land adjacent to the land B was also changed on November 4, 1968.

Y, Z is adjacent to the land in this case and K, and Y, and Z land exists a building constructed on the ground in 1980.

L is the plaintiff's child.

On June 20, 191, K land had been registered for transfer of ownership on the ground of the division by inheritance on June 20, 1991, G was stated as its owner around 190 in the land cadastre of K land.

【Ground for Recognition: Each entry of Gap 1 through 3, 5, 7 evidence, Eul 1 through 3, and 5 through 15 (including additional numbers, if any)

2. The parties' assertion

A. The plaintiff's assertion that each of the lands of this case was packaged without legitimate compensation procedures or consultation with the plaintiff, and provided them for general traffic, thereby gaining unjust enrichment equivalent to the monthly rent.

The monthly rent from January 30, 2010 to January 30, 2010.