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(영문) 서울동부지방법원 2018.02.20 2016가단142640

부당이득금 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In around 2010, the Plaintiff, the Defendant, and C agreed to jointly purchase the neighboring lands of E and F (hereinafter “Plaintiffs, etc.”) which are the Plaintiff’s children, the Defendant, the Defendant’s children G (hereinafter “Defendants, etc.”) and C’s joint name and completed the registration of transfer of each share on the same day.

B. On February 8, 2011, the Plaintiff completed the registration of transfer of shares in the name of the Plaintiff, etc. on the ground of partition of co-owned property as to H land, and newly constructed a house on that ground and completed registration of ownership preservation in the name of the Plaintiff on February 8, 2011.

C. On February 8, 201, the Defendant completed the registration of transfer of shares in the name of the Defendant, etc. on the ground of partition of co-owned property as to J and K land, and newly constructed a house on that ground, and completed the registration of ownership preservation in the name of the Defendant G on February 24, 2011.

Plaintiff

On January 31, 201, the registration of transfer of shares was completed in the name of the defendant, etc. and C in the name of co-owned land of H and the defendant, etc., and L land located between J and K.

E. A construction business operator, around the end of 2010 or around January 201, completed the construction of sites for neighboring land jointly contracted by the Plaintiff and the Defendant, and the Plaintiff transferred the construction cost to the Defendant that the Plaintiff would bear with respect to the said construction work, and paid the construction cost that the Defendant added to M.

F. M performed the construction of landscaping stone according to the boundary between H land owned by the Plaintiff, etc. and the Defendant, etc., and the construction business operator N from April 201 to June 201 of the same year, M performed the construction work of landscaping stone at approximately 120 meters in length (hereinafter “instant construction work”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 1-2, 3-2, 4-2, Gap evidence 5-2, Gap evidence 6-2, Gap evidence 22-1 through 10, and Eul evidence 1-3.