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(영문) 수원지방법원안양지원 2014.05.02 2011가합4099

부당이득금반환

Text

1. For the plaintiffs:

A. Defendant Qu, T, U, AA, AC, AD, AJ, AM, AR, AW, BE, BE, CA, CF, CM, CM, Q, CY, CY, CY, DAO, DM, DU, DU.

Reasons

1. Facts of recognition;

A. In order to build and sell houses on the ground of 2,957 square meters of the former FN Forest Land in Gyeyang-si, Ansan-si, the Plaintiff Company (hereinafter “Plaintiff Company”) filed an application for change of the form and quality of the land with the Mayor of Ansan-si, which was changed to 2,810 square meters from the FO to the 2,810 square meters. On August 27, 1990, the Plaintiff Company was permitted to change the form and quality of the land on the condition that “the entry into the land within the project execution area should be changed to the road after the registration conversion” from the Ansan-si on the condition that “the land category should be changed to the road after the registration conversion.”

B. Since September 4, 1990, the Plaintiff Company divided the Gu FO large 2,810 square meters into FO large 207 square meters, FP large 271 square meters, FM large 269 square meters, FR large 288 square meters, FTS large 393 square meters, FTS large 133 square meters, FU large 387 square meters, FV large 336 square meters, FM large 483 square meters, FM large 483 square meters, and FW large 43 square meters (hereinafter each specific index) among the above land into FM and FW land, and was divided and changed as above at that time.

C. Since then, the FM road 483 square meters was partially combined with the FX land on March 7, 1991, and the FM road 495 square meters (hereinafter “instant road”). The FO large 207 square meters was partially combined with FW land on March 7, 1991, and the FO large 238 square meters was 238 square meters, and the FS large 393 square meters was combined with FU large 387 square meters on September 19, 199, and the FS large 387 square meters was 780 square meters, and the FS large 367 square meters was divided on May 23, 1991 and the FY large 367 square meters was 413 square meters.

Plaintiff

On January 14, 2009, the Company completed the registration of ownership transfer for 1/2 shares of each of the instant roads to the FZ and GA on January 13, 2009, and on February 4, 2009, the FZ and GA completed the registration of ownership transfer for 2/3 shares to the Plaintiff and 1/3 shares to the Plaintiff on February 2, 2009, respectively.

E. Defendant FK Religious Organization FL church (hereinafter “Defendant church”) is the owner of GB religious site adjacent to the instant road, and the remaining Defendants are FO, FP, FP, Qu, FR, FTS, FTS, FT, FV, FY, and FY, adjacent to the said road.